Terms of Service
These Terms of Service are a contract between you and Headset Army, LLC (referred to herein as “Headset Army”, “us”, “we” or “our”), the provider of the Headset Army website and the services accessible from the Headset Army website (which are collectively referred to as the “Headset Army Service”).
You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Headset Army Service. In these Terms of Service, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.
Your Account
- Eligibility: Your account must be registered by a human. Accounts registered by “bots” or automated methods are not permitted. Additionally, you must be 18 years of age or older.
- Registration information: You must provide a valid permanent email address, along with any other information required by Headset Army during the registration process. One person or legal entity may not maintain more than one free account.
- Security: You are responsible for maintaining the security of your account. We are not liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you is subject to our Privacy Policy.
- Restrictions: You shall not and shall not permit any third party to use the Headset Army Service for the purpose of:
- Violating any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court;
- Distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
- Engaging in deceptive practices such as phishing, fraud, forgery, or misappropriation of funds, credit cards, or personal information;
- Sending unwanted telemarketing, promotional or informational messages without having procured the necessary consents, right and license from the recipients of your messages;
- Sending messages in violation of the U.S. National Do Not Call Registry;
- Harming minors in any way;
- Covering or obscuring any notice, legend, warning or banner contained on the Headset Army Service;
- Interfering with or circumventing any security feature of the Headset Army Service or any feature that restricts or enforces limitations on use of or access to the Headset Army Service;
- Infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, trade secrets, or rights of privacy or publicity;
- Being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by Headset Army in its sole discretion;
- Deliberately misleading any one as to your identity, impersonating another, or falsely identifying the source of any information;
- Developing or building a competitive product or service;
- Using the Headset Army Service for any purpose other than its intended purpose;
- Making available any content that (i) is unlawful, tortious, defamatory, vulgar, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.
Unsolicited Messages and Opt-Out Requirements
You may not use the Headset Army Service in any way, directly or indirectly, to send, transmit, handle, distribute, or deliver:
- Unsolicited email (“spam” or “spamming”) or commercial electronic messages in violation of the CAN-SPAM Act, EU General Data Protection Regulation 2016/679, or Canada’s Anti-Spam Legislation, or any other applicable marketing laws;
- Email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); or
- Email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry.
You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call”, “STOP”, and “do not send” requests from users and recipients of your emails and other communications. You further warrant that each email you send or which is sent on your behalf using the Headset Army Service will contain:
- Header information that is not false or misleading; and
- A communication that the recipient may unsubscribe, opt-out, or otherwise demand that use of their information for unsolicited, impermissible, and/or inappropriate communications as described in these Terms of Service be stopped, and must clearly indicate how the recipient can notify your that they want to unsubscribe, opt-out, or stop this use of their information.
These requirements may not apply if the email concerned is strictly transactional in nature and/or these requirements are otherwise subject to a legal exception.
You shall not harvest, collect, gather or assemble information or data of users, including email addresses, without their consent.
You are solely responsible for obtaining all necessary and appropriate rights, licenses and consents from those persons and entities with whom you message or otherwise communicate with via the Headset Army Service, prior to commencing any such messaging or communication.
Payments, Refunds, Upgrading and Downgrading
A valid payment method is required for paying accounts. Free accounts are not required to provide a payment method.
The Headset Army Service is billed in advance in accordance with our pricing schedule. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of the Headset Army Service or payments made by you in connection with your use of the Headset Army Service.
For a detailed description of our refund, upgrade, downgrade, and cancellation policies, refer to our Billing Policy, which can be accessed in the “Support” area of your account dashboard.
Violation of These Terms of Service
We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Headset Army has no obligation to prescreen or monitor your access to or use the Headset Army Service or any information, materials or other content provided or made available through the Headset Army Service, but has the right to do so. You hereby agree that Headset Army may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.
Termination
Headset Army reserves the right to terminate any free accounts that do not have any activity (bookings or logins) for sixty (60) days.
Headset Army, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denial of access to your account, and the removal of all content in your account.
Modifications to the Headset Army Site and Prices
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Headset Army Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.
Prices of all Headset Army Service plans are subject to change. If Headset Army does, for any reason, remove the plan you are on or require an upgrade to a current plan, we will provide you with at least three (3) months notice via email. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Headset Army Service.
We reserve the right, in our sole discretion, to change, modify, add to, supplement, or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Headset Army Service. Your continued use of the Headset Army Service following any revision to these Terms of Service constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Headset Army Service, including the release of new tools and resources, will be subject to these Terms of Service.
Intellectual Property and Content Ownership
We claim no ownership rights over the content submitted or created exclusively by you in your Headset Army account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Headset Army Service to you.
Similarly, any reporting data we collect from your use of the Headset Army Service remains yours. By using the Headset Army Service you agree that we can use this data to provide the Headset Army Service to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to otherwise use it to provide the Headset Army Service.
All proprietary technology used by the Headset Army Service to perform its obligations under these Terms of Service, and all intellectual property rights in and to the foregoing, as between the parties, are the exclusive property of Headset Army. The contents of the Headset Army Service are copyrighted under United States copyright laws (© Headset Army, LLC). Headset Army and the Headset Army logos may not be used without our express written permission. Headset Army or its third party licensors retain ownership of all right, title, and interest to all copyrights, patents, trademarks, trade secrets, and other intellectual property rights in and to any Headset Army intellectual property, including the Headset Army website and Headset Army Service. You may not duplicate, copy, or reuse any portion of the code or visual design elements without express written permission. You do not acquire any ownership rights by using the Headset Army Service.
Account Access
In some cases it is necessary for Headset Army employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Headset Army employees to access your account if necessary in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communications with us. Requests to receive assistance without granting permission to your account will be honored to the extent possible.
Indemnification
You agree to indemnify and hold Headset Army, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, charge, liability, damages, expenses or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Headset Army Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.
Limitation of Liability
Headset Army will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Headset Army Service, whether or not Headset Army is advised of the possibility of such damages. You acknowledge and agree that Headset Army’s maximum liability to you will not exceed the amount Headset Army receives from you in the ninety (90) days immediately preceding the date on which you first assert a claim.
To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Headset Army Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
Jurisdiction and Venue
These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of Arizona, USA without regard to its conflicts of laws and provisions. You irrevocably consent to the exclusive jurisdiction of the courts of Arizona and the federal courts situated in Arizona in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Headset Army. Headset Army will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Headset Army operates and controls the Headset Army Service from its offices in the United States. The Headset Army Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Headset Army Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the Headset Army Privacy Policy and Billing Policy) contains the entire understanding, and supersedes all prior understandings, between you and Headset Army concerning its subject matter, and cannot be changed or modified by you. The section headings used in these Terms of Service are for convenience only and will not be given any legal import.