Heidi Terms of Use

These Terms of Use (the “Terms”), which incorporate our Privacy Policy, govern your access to and use of our services, including our various websites, such as Heidi.com and Heidi.com, applications, ads, communications, events, and other covered products or services that link to these Terms (collectively “services”). By accessing and using the services, you agree to comply with these Terms. If you’re using the services on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use the services if you do not agree to the linked version of the Terms at the time you access the services.
For the purposes of these Terms, “Heidi,” means Heidi LLC.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 12 FOR ADDITIONAL INFORMATION.

1. Eligibility to Use the Services

To access or use the services, you must be at least 18 years of age or the age of majority in your jurisdiction, if older, and not prohibited from doing so by applicable law. Except as set forth below, or as otherwise approved by us, the services are for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use the services if we’ve terminated your account(s) or banned you.

2. Heidi Services Accounts

2.1 Accounts And Profiles

You must create an account and provide certain personal data to access most of our services.

You agree that the information you provide to us via your account(s) is accurate and that you will keep it accurate and up-to-date at all times.
You’re responsible for safeguarding your account(s), and you accept responsibility for all activities that occur via your account(s). Heidi disclaims any liability for third-party actions made via your account(s). You agree to notify us immediately if you suspect any unauthorized use of your account(s) or access to your password(s).
In order to provide you with access to features across our services, we may create and link different services’ accounts for you.

When you set up an account to access the services, we create a profile for you that will include personal data you provide (a “Profile”).

We may update your Profile with information we obtain from third parties. We may also use personal data you provide to us via your resume(s) or our other services. You can read more about how we collect and process your data in our Privacy Policy.
We may attempt to verify your employment history or status through various methods, including third party integrations or services. We may also utilize signals we receive from your current or former employer. Heidi is not responsible to you or any third party if we are unable to or inaccurately verify your employment history or status.
Portions of your Profile may be visible to other users and the public (e.g., your name and profile picture) depending on the services you use. We may also in certain circumstances allow you to share your Profile with third parties or provide you with the ability to change your Profile’s visibility settings. However, your Profile will not publicly include or link to Your Content (as defined in section 3), which you submit semi-/anonymously to our services. You can read more about your anonymity options in section 4 of these Terms and in our Privacy Policy.

2.2 Communications

By creating an account, you agree to accept and receive communications from Heidi, Heidi affiliates, and our third-party service providers.

For the purposes of these Terms, “affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control of or with Heidi, now or in the future. “Control” for these purposes means having a majority of shares or the right and ability to direct management.

These communications may be via email, text message, calls, push notifications, or otherwise. You understand and agree that you may receive communications generated by automatic telephone dialing systems delivering pre-recorded messages sent by or on behalf of Heidi, its affiliates, and/or our third-party service providers, including communications concerning your account(s), our services, and services offered by our affiliates. Message and data rates may apply.

To opt out of receiving text messages, you must reply “STOP” from the device receiving the messages.
To unsubscribe from non-service-related emails, please use the unsubscribe or email settings link in the email(s) you receive. If you unsubscribe only from an individual type of email communication (e.g., a particular job alert), you will continue to receive other types of emails. We may also offer a settings function via our services to manage your email preferences.
To turn off push notifications, use in-app and/or operating system settings on your device.

Unless you choose to delete your account(s), you cannot unsubscribe from certain communications that are required as part of your use of our services (e.g., communications about changes to these Terms.)

3. Content on Heidi Services

“Content” means any work of authorship or information, including photos, logos, advertisements, comments, opinions, postings, resumes, salaries, messages, questions, text, files, images, works of authorship, e-mail, data, audio, video, or other materials.

3.1 Rights to Your Content

You are solely responsible for your use of the services and any Content you authorize for use on the services, or which is submitted via your account (“Your Content”).

We do not claim ownership in Your Content that you submit or authorize for use to the services, but you grant us the rights to use Your Content as set forth below. By submitting or authorizing us to display Your Content, you hereby grant to us a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free license (with the right to sublicense through unlimited levels of sublicenses) to use, reproduce, copy, process, modify, publish, translate, transmit, perform, display, create derivative works of, adapt, and distribute Your Content in any and all media (now known or later developed) throughout the world and display your name, images, likeness, voice, video, and any such other Content that you submit, link, or otherwise make available through the services, throughout the world in any manner or media, on or off the services including for purposes of promoting our services.

To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Heidi’s exercise of this license.
You agree that this license includes the right for us to provide, promote, and improve the services and to make Content submitted to or through the services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
No compensation will be paid with respect to Content that you submit through the services.
Some of the live audio/video events hosted on or through the services may be recorded. By using the services and attending/participating in such audio/video events you agree to any such recordings and agree that all rights, titles, and interests in such recordings will vest in Heidi.
You should only submit Content to the services that you are comfortable sharing with others under these Terms.

By submitting ideas, suggestions, documents, feedback, and/or proposals, (collectively, “Submissions”) to Heidi or its employees or agents, you acknowledge and agree that Heidi is entitled to use, disclose, reproduce, license and otherwise distribute, and exploit these Submissions as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

3.2 Your Limited Rights to Content

The services contain Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary and intellectual property rights in the Content we each provide and Heidi owns and retains all rights in the services. If you’re an authorized user, we hereby grant you a limited, revocable, non-transferable, non-sublicensable license under the rights licensable by us to use the services and use Content from our services solely for your personal use in connection with the services. Except as provided in this section, you agree not to:

reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt, or create derivative works based on the services or the Content (excluding Your Content); or
rent, lease, loan, or sell access to the services.

The trademarks, logos, and service marks (“Marks”) displayed on the services are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark. Heidi reserves all rights not expressly granted in these Terms.

3.3 Content on the Services

Content from Heidi, as well as users, advertisers, and other third parties is made available to you through the services. . You understand and agree that:

The services may contain or link to sponsored third-party Content or ads. The type, degree, and targeting of ads are subject to change, and you acknowledge and agree that we may place ads in connection with the display of any Content or information on the services, including Your Content.
We are not responsible for, and do not endorse, any third-party Content, including linked content, ads and information about third-party products and services, job ads, the employer and salary-related information provided by others, or the opinions of any third party, including panelists, group leaders, or other users, including those involved in audio or video events, or translations, transcriptions, or captions of any Content;
We make no guarantees about the accuracy, currency, suitability, reliability, or quality of the information or Content on or linked to via our services, including translations, transcriptions, or captions; and
We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on the services. For more information, please see our Legal FAQs.

4. Your Use of the Services

4.1 Using Heidi Services

Heidi offers a variety of services that may change from time to time, at our sole discretion.

Whether or not you’ve set up an account on our services, if you use our services we may process your personal data. We describe how we may use your personal data in our Privacy Policy. This includes personal data we use to offer or provide our services to you, our customers, other users, and the public, as well as to manage and improve our services. We also collect and share personal data with third party service providers acting on our behalf, including providers of analytics services that may record or log your activities on our services, including text you enter, pages you visit, and features you interact with. By using our services, you agree to this data processing and sharing.

We may offer you the ability to create and/or join groups to have conversations and create communities with other users (also known as “bowls”). Groups may have managers or leaders (also known as “community” or “bowl leaders”) who have access to additional features for managing their groups (e.g., the ability to pin or highlight Content or approve new members). Leading a group is an unofficial, voluntary position that may be available to users of the services. We are not responsible for actions taken by group leaders. Group leaders are not, and may not represent that they are, authorized to act on behalf of Heidi. We reserve the right to revoke or limit a user’s ability to lead a group at any time and for any reason or no reason, including for breaching these Terms.

We may provide you with the ability to research jobs, including via search functionality and through personalized ads and recommendations. We may also allow you to submit job applications via our services. We work with our affiliates to provide this service. When you click the apply (or a similar) button to submit an application, your application is sent to the most appropriate contact information we and/or our affiliates have on file for that employer.
- While we and our affiliates endeavor to make this service the best it can be, employer websites and their service providers are not controlled by us, and we cannot guarantee that your application will be properly received and logged by any third-party employer upon transmission. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm.Heidi does not guarantee the identity of an employer or any individuals working for any employers, and therefore advises users to exercise caution when applying to jobs. Heidi does not guarantee the validity of a job offer; users should verify the validity of a job offer before taking adverse action regarding their current employment situations. You are solely responsible for verifying the accuracy of any employer or job offer.

Personalization of your Heidi experience may vary depending on how you use our services and if you have registered for an account. When available, we will use your location, your Profile, and your activity on our services (e.g., pages you view, Content you interact with, jobs you search for) to personalize your experience. To learn more about which information we collect and how we use it, please see our Privacy Policy. You cannot opt out of or adjust these personalization features absent deleting your account or information from your Profile. The most important factors for personalization include your location and your Profile. We may use your personal information and activity to personalize:
- The jobs we recommend to you or show you in search results;The groups, people, or Content we recommend you join or view; andThe advertisements we show you.

4.2 Anonymity And Identity On Heidi

Depending on the services you use, we may offer you different options for controlling how your personal data and identity are represented to other users, employers, and the public.

A portion of your Profile on our community and conversation services (e.g., Fishbowl and community and conversation features across our services) is always public. Therefore, your profile picture, company name, title, and other general information (but not including your semi-/anonymous Content submissions) will be visible to the public and available via search.. Content submitted with semi-/anonymous identifiers such as your company name or job title is not associated with the publicly-visible portion of your Profile.
When you submit Content such as a post, comment, or question, you may be able to control how you represent yourself using different anonymity options. For example, when using some of our services, you can choose to submit Content with your company name, your job title, or your full name.
When submitting other Content, such as reviews, you may be required to include certain personal data for public display, such as your employer, job title, and/or location.
In some groups, we may allow you to make your Profile visible to other members of the group so you can interact with them.
In some instances, we may allow group leaders to limit access to a group and approve new group members. When you request access to a group, your Profile and answers to member-approval questions may be shared with the leader(s) for that group.
We endeavor to offer opportunities to use our services while preserving your anonymity, However, you acknowledge that Heidi cannot guarantee your anonymity as, depending on your specific situation and circumstances and the contents of your Content, even semi-/anonymous identifiers, such as company or job title, especially when paired with other information such as your location, may allow someone to identify you or narrow down your identity to a small group of people (e.g., employees in a particular department at your company). You should understand this risk before submitting Content to the services.

4.3 House Rules

You represent and warrant that you will use the services solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and/or any third parties.

You are solely responsible for your use of the services and Your Content.
You agree that by submitting or authorizing Your Content for use on the services, you have reviewed, understood, and agreed to adhere to our Heidi Community Guidelines (“Community Guidelines”), which are incorporated into these Terms.
You understand that you may expose yourself to liability if Your Content or use of the services violates applicable law or any third-party right.
If you work for a multi-level marketing company, you agree that you have reviewed and will abide by the Heidi Guidelines for Multi-Level Marketing Companies.
If you choose to use the services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations. You and your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Heidi or our services. You acknowledge and agree that we will not assist you in any way with your Promotion, and you agree to conduct your Promotion at your own risk. We reserve the right to restrict your use of the services to conduct Promotions.

We allow users to submit Content about their experiences working for employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide work that is an integral part of the employer’s value chain.

We also allow users to submit Content regarding the staffing firms that place them in these roles.
We consider all workers in these roles as ’employees’ with regard to Content submitted to Heidi services.
While we may provide the option for Heidi users to specify the category of their employment when they submit Content (e.g contractor, freelancer), we may not consider this a requirement. It does not violate our Community Guidelines or these Terms for a worker in any one of these roles to submit Content as an “employee.”

You agree that you will not:

Impersonate another person, or use their email address or phone number, or misrepresent your current or former affiliation with an employer;
Create accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active accounts to submit Content or interact with other users;
Submit Content that you do not own or have the right to submit in accordance with the license set forth in these Terms;
Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule, or regulation;
Submit Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and authentic experience;
Act in a manner that is harassing, trolling, threatening, abusive, racist, bigoted, or is otherwise objectionable (as solely determined by Heidi);
Discriminate regarding access to communities or groups that you create, manage, lead, or participate in. (For company communities, any verified user of the company that the community is associated with may join and access the community.);
Promote, endorse, or further illegal activities;
Disclose information in violation of any legally enforceable confidentiality, non-disclosure, or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
Submit anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
Solicit or submit minors’ personal data;
Except as expressly approved by us or as otherwise approved in these Terms, and subject to applicable laws, use the services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
Imply a Heidi endorsement, sponsorship, or partnership of any kind without our express written permission;
Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
Introduce software or automated agents to the services, or access the services so as to produce multiple accounts, generate automated messages, or to scrape, strip, or mine data from the services without our express written permission;
“Frame” or “mirror” or otherwise incorporate part of the services into any website, or “deep-link” to any portion of the services without our express written permission (except in instances where we make such functionality available via an API or formal embedding feature);
Copy, modify, or create derivative works of the services or any Content (excluding Your Content) without our express written permission;
Copy or use the information, Content (excluding Your Content), or data on the services in connection with a competitive service, as solely determined by Heidi;
Violate antitrust laws by engaging in anticompetitive conduct, such as sharing commercially sensitive information pursuant to an express or tacit agreement in restraint of trade;
Sell, resell, rent, lease, loan, trade, or otherwise monetize access to the services or any Content (excluding Your Content) without our express written permission;
Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the services;
Interfere with, disrupt, or create an undue burden on the services or the networks or services connected to the services; and/or
Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the services; or attempt to circumvent any security feature of the services.

4.4 Actions We May Take

We may, at our sole discretion:

Stop (permanently or temporarily) providing the services or any features within the services to you or to users generally.
Create limits on use and storage at our sole discretion at any time.
Remove, refuse to distribute, or limit distribution or visibility of any Content on the services.
Suspend or terminate users.

Violations of our Terms and Community Guidelines will result in the removal of the associated Content or account.

Repeated violations will result in a temporary suspension from submitting content to our services; further violations will result in a permanent suspension.
Violations of our review integrity rules (e.g., using multiple accounts to submit reviews for the same company) will result in a temporary six-month suspension of your Content submission privileges; a second offense will result in a permanent suspension.
Repeated user reports of misuse of messaging services will result in a temporary, two-week suspension; further violations will result in permanent suspension of your messaging privileges or account, depending on the nature of the violation.

4.5 Additional Special Provisions Applicable to Users in the European Economic Area (“EEA”)

Heidi’s point of contact for communications related to the Digital Services Act (“DSA”), including government requests or orders, the Heidi internal complaint handling system, and the submission page for “notice and action” can be found here.
Heidi’s legal representative for purposes of the DSA is Heidi Hiring Solutions Ireland Limited.
EEA residents have the right to utilize a designated out-of-court dispute settlement system. The DSA requires that each EEA Member State certify out-of-court settlement bodies to handle eligible disputes. No out-of-court settlement bodies have been certified at this time. We will update this site as information becomes available. You may also have the option to pursue your claim(s) in court.

5. Special Provisions Applicable to Employers and Enterprise Customers.

5.1 Posting Jobs to the Services

You may not post any job ad, as determined solely by Heidi, that:

Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement; only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker/user would be selling); or resembles a multi-level marketing scheme;
Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
Contains any logo or brands, or link to websites, other than your own or those of any entity for which you are authorized to submit job ads;
Contains multiple job openings in a single job ad (unless you’ve purchased a service that permits this);
Does not comply with Title VII of the Civil Rights Act or the EEOC’s Enforcement Guidance on Employer’s Consideration of Arrest and Conviction Records in Employment Decisions, and/or relevant national, federal, state, and local laws that prohibit employers from discriminating against people with criminal backgrounds and require employers to delay inquiry into an applicant’s criminal history until later in the hiring process;
Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law.

You agree that Heidi may, at its sole discretion, remove or prevent the posting of any job ad for any or no reason.

5.2 Content on Heidi Services

You may not offer incentives in exchange for Content related to any company. You may not trade Content submissions with other employers. We will remove Content where we believe that users were compensated to submit Content.

You may not coerce employees to submit Content. Coercion includes asking employees to provide proof to an employer that they submitted Content whether or not that proof includes the contents of the Content itself.

5.3 Communications With Users.

We may inform a user when you have taken an action with respect to information we or our affiliates have shared with you on behalf of that user, such as when you open the user’s application, view their resume or profile on the services (or an affiliate’s services), and/or make a decision about their application. When you view, store, or receive materials through your use of the services or an affiliate’s services, we may use such materials for data analysis, quality control, or to refine our services and services. We may also share with our users our observations based on such data analysis. For example, we may tell our users which employers are more likely to open applications submitted via the services, which employers are active on the services, and how long on average certain aspects of the candidate process take for a given employer. We may send out reminder emails to users you wish to interview. We may also send emails to users on your behalf indicating that your job ad is potentially a match for the user’s resume or job preferences. You understand and agree that Heidi may take such actions.

5.4. Special Provisions Applicable to Advertisers

This provision applies to all advertisers, including employers who purchase or post job ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads (“Ad Data”) for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain applicable consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.

6. Enforcement by Heidi or Third Parties

6.1 Removal of Content

While we have no obligation to do so, we reserve the right to review and remove any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies linked on the services (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on the services that you believe violates our policies, you may report that Content by clicking on an applicable report link adjacent to that Content or by contacting us. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: our interpretation of our policies and the decision whether or not to remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

6.2 Copyright Policy

Please see our Copyright Complaint Policy for information about copyright disputes.

6.3 Other Enforcement Actions

While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from the services; suspending some or all of your rights to use the services; terminating your account(s); reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

6.4 Disclosing User Personal Data & Defending our Users

You understand and agree that in certain circumstances we may disclose users’ personal data to third parties, such as when we are required to by law or valid legal process. You can read more about the specific circumstances in the “Other Instances When We May Disclose Your Data” section of our Privacy Policy. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s identifying information or personal data. We make no guarantee or representation that we will seek to protect user anonymity or, if we elect to do so, that we will be successful.

7. Indemnity

You agree to defend, indemnify, and hold us and our affiliates and subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the “Heidi Group”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of the services, including due to or arising from your breach of any provision of these Terms, or related to you providing false information regarding your identity or employment history or status.

8. Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

Any communications, including emails, texts, or notifications or messages corresponding with any activity on the services or any other communications service, product, or feature provided on or through the services, are provided solely as a courtesy. Heidi disclaims all warranties with regard to the transmission or storage of these courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent or received. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Heidi assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any information, including job posting/ad, salary estimate, template, career page, screener question, answer to screener question, resume information, message, or Content you submit, send, view, or receive through the services.

You are solely responsible for your interactions with advertisers, employers, and other users and we are not responsible for their activities, omissions, or other conduct, whether online or offline. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in Profiles) submitted to the services, whether caused by users or by any of the equipment or programming associated with or utilized in the services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers, employers, or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the services or combination thereof, including any injury or damage to users or to any person’s device related to or resulting from participation or downloading materials in connection with the services. Under no circumstances shall we be responsible for any loss or damage resulting from the use of the services or from any Content submitted to the services or transmitted to users, or any interactions between users of the services, whether online or offline.

THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

YOU HEREBY RELEASE THE Heidi GROUP FROM ANY AND ALL CLAIMS, DEMANDS, AND LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND THAT ARE EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM: (1) THE ACTIONS, CONTENT, OR DATA OF THIRD PARTIES (INCLUDING, ADVERTISERS, EMPLOYERS, AND OTHER USERS) (2) YOUR PARTICIPATION IN ANY OFFLINE EVENTS.

Heidi reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the services and/or any features, information, services, materials, Content, or information on the services with or without notice to you. You agree that Heidi will not be liable to you or any third party for any modification or discontinuance of the service or any portion thereof.

IN NO EVENT SHALL THE Heidi GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE Heidi GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code (or similar applicable law in your jurisdiction), which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted in these Terms, including but not limited to the releases and/or discharges of unknown claims.

9. Termination

These Terms remain in effect while you use the services and, for registered users, as long as your account(s) remains open. You may delete your account(s) at any time. We may suspend or terminate your account(s) or your access to parts of the services, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account(s) or related deletion of your data.

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of the services. For the avoidance of doubt, you agree that these Terms apply to your use of the services and any Content submitted on the services at any time prior to the termination or expiration of these Terms.

10. Changes to These Terms

We may revise these Terms from time to time by posting an updated version available via a link on the services. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by communication (e.g., by email or text message sent to the e-mail address or phone number specified in your account) and/or by means of a notice on the services prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of the services is subject to the most current effective version of these Terms.

11. Pre-Suit Discovery & Analogous Procedures Or Applications

You agree to waive your right to file a pre-suit discovery proceeding (or any equivalent procedure in jurisdictions other than the U.S.) seeking a user’s identifying information from Heidi. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in California at Heidi LLC, c/o CT Corporation, 330 N Brand Blvd, Glendale, CA 91203. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought, and resolved exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.

12. Dispute Resolution

PLEASE READ THIS SECTION 12 CAREFULLY AS IT AFFECTS YOUR RIGHTS. UNLESS YOU OPT OUT OF ARBITRATION PURSUANT TO SECTION 12.2.3 BELOW, YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND Heidi ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND Heidi AGREE THAT EACH PARTY 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. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS ARE NOT PERMITTED.

12.1 Informal Dispute Resolution

If either of us intends to seek arbitration under this section, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. You and we agree that the opportunity to meet and confer informally is a material term and a material reason we are offering this service and therefore you agree you will abide by it.
Notice to Heidi should be sent to the Heidi LLC, c/o CT Corporation, ATTN: Litigation Department, 330 North Brand Boulevard, Glendale, CA 91203-2336. If you have an account with our services, we will provide notice by means of a communication to the email address or phone number associated with your account.
Any notice of dispute (“Notice”) must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. You may download or copy a form Notice here.
During the 30 day period, you and we agree to act in good faith to resolve the dispute. If you and Heidi cannot reach an agreement to resolve the claim within 30 days after the Notice is received, you or Heidi may commence formal proceedings in accordance with section 12.2.

12.2 Binding Arbitration Agreement, Exceptions to Arbitration, Governing Law & Venue

12.2.1 Agreement to Arbitrate and Class Action/Class Arbitration Waiver.

Subject to the exceptions to arbitration set forth in subpart 12.2.4 below, you and Heidi each agree that any and all disputes between Heidi and consumer (i.e., non-business/commercial) users arising under or related in any way to these Terms and/or your use of our services (and which are not otherwise resolved pursuant to section 12.1) must be resolved through binding arbitration as described in section 12.2. If an arbitrator or court decides that any part of this agreement to arbitrate set forth in section 12.2 is unenforceable, the remainder of section 12 of these Terms will nevertheless still apply (including the prohibition on class arbitration).

12.2.2 Arbitration Procedure.

Any arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or Heidi shall not be disclosed to the arbitrator.
Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in San Francisco, California.
For any claim where the total amount of the award sought is $10,000 or less, you and Heidi may elect to have the arbitration conducted by audio and/or a video communication system (including, but not limited to telephone conference or a video conference platform such as Zoom) or based solely on written submissions, which election shall be binding on you and Heidi subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Heidi may attend by audio and/or a video communication system (including, but not limited to telephone conference or a video conference platform such as Zoom), unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.2.3 Opt-Out Procedure.

IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO Heidi LLC, C/O CT CORPORATION, ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 330 NORTH BRAND BOULEVARD, GLENDALE, CA 91203-2336.

For your convenience, we are providing an Opt-Out Notice form that you may use. Please make sure to include your name, address (street address, city, state, and zip code), and the email address(es) associated with the account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.
This procedure is the only way you can opt out of the agreement to arbitrate set forth in section 12.2. If you opt out of the agreement to arbitrate set forth in this section, all other parts of these Terms and section 12 will continue to apply to you. Opting out of the agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may enter into or have entered into with us.

12.2.4 Exceptions to Arbitration.

The agreement to arbitration provisions set forth in subparts 12.2.1 and 12.2.2 above will not apply to the following:

small claims court cases that qualify for small claims status;
legal proceedings or procedures that involve efforts to obtain personal data related to a user or users, including but not limited to the author of any Heidi Content or review;
any legal proceedings brought against any of the Heidi Group by companies or other legal entities, or individuals acting on behalf of such companies or other legal entities;
any legal proceedings brought by any of the Heidi Group against companies or other legal entities, or individuals acting on behalf of any such companies or other legal entities; and
a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
any claim for public injunctive relief, which must be adjudicated in court, not by the arbitrator. If either party seeks public injunctive relief, that request for relief shall be severed from any arbitration proceeding and stayed pending a final resolution of the arbitration, at which point the claim may be adjudicated.
any claim not already subject to one of the exceptions listed in section 12.2.4 where any or all of the non-Heidi Group parties are located outside of the United States.

If, for some reason, the prohibition on class arbitrations set forth in section 12 cannot be enforced, then the entirety of the agreement to arbitrate set forth in subparts 12.2.1-3 will not apply; the remainder of section 12 will continue to apply.

12.2.5 Governing Law and Venue.

For claims subject to the exceptions to arbitration set forth in subpart 12.2.4, these Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of our services, shall be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. These claims or disputes shall be brought and litigated exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
For all claims not subject to the exceptions to arbitration set forth in subpart 12.2.4, the parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the agreement to arbitrate provisions set forth in section 12.2.

12.2.6 Changes To The Agreement To Arbitrate

We will notify you of changes to section 12 by posting the changes at least 30 days before the effective date of the changes and by notice to the email address associated with your account. It is therefore essential that you keep your email address up to date. You can update your email address from your accounts settings page.
If you do not agree to the changed terms, you may close your account within the 30 day period and you will not be bound by these changes. Otherwise, if you continue to use our services, the changed terms will apply to all disputes or claims governed by this section 12 that have arisen or may arise between you and Heidi which are initiated after the time the changed terms take effect.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to section 12 (other than a change to any referenced notice address or site links) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change.

13. Miscellaneous

Except as specifically stated in another agreement we have with you, these Terms, and any other agreements, documents, or policies incorporated by reference in these Terms, constitute the entire agreement between you and us regarding the use of the services and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms.
You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained in these Terms to induce you to enter into this agreement.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
To the extent allowed by law, the English language version of these Terms are binding and any translations are provided for convenience only.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Heidi’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the word “including” means “including but not limited to.”
Certain elements of Heidi’s websites and/or mobile apps are licensed pursuant to one or more of the United States patents described at https://www.35usc287.com/mobile.

Please contact us with any questions regarding these Terms.