Terms of Service

Welcome to Vocal Herd! Vocal Herd is owned and operated by Tozanda, LLC. Vocal Herd delivers services to you based upon adherence to the following conditions. If you visit or shop at Vocal Herd, you accept these conditions. Please read them carefully. Additionally, if you use any current or future Vocal Herd service, or visit or purchase from any business affiliated with Vocal Herd whether or not included in our websites, you are also subject to the guidelines and conditions applicable to such service or business.

The Store portion of our site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. This Terms of Service document includes full terms for the primary Vocal Herd site (www.vocalherd.com) and includes additional terms to account for the unique offerings of the Store (store.vocalherd.com).

Any new features or tools which are added to the Store portion of the experience shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ELECTRONIC COMMUNICATIONS

When you visit the Vocal Herd website or send emails to us, you are communicating with us electronically. You are agreeing to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all communications that we provide to you electronically satisfy the legal requirement that communications be in written form.

All content included on the Vocal Herd websites, such as copy, images, logos, icons, graphics, premium content, and downloads, is the property of Tozanda, LLC (dba Vocal Herd), and is protected by the applicable copyright laws. The compilation of all material on this site and the Store website is the exclusive property of Vocal Herd. Certain icons used in the store, specifically the Search and Shopping bags icons, are under the copyright protections of Shopify Inc.

TRADEMARKS

Vocal Herd and other Vocal Herd taglines, graphics, logos, page headers, icons, scripts and service names are trademarks, registered trademarks or trade dress of Vocal Herd. Vocal Herd’s trademarks and trade dress may not be used in connection with any product or service that is not Vocal Herd’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vocal Herd.

LICENSE AND SITE ACCESS

Vocal Herd gives you a limited license to visit and make personal use of this site but not to modify it without express written permission. This license does not include any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Vocal Herd. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Vocal Herd and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Vocal Herd’s name or trademarks without the express written consent of Vocal Herd. Any unauthorized use terminates the permission or license granted by Vocal Herd. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home pages of Vocal Herd so long as the link does not portray Vocal Herd or their products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any Vocal Herd logo or other proprietary graphic or trademark as part of the link without express written permission.

By using any Vocal Herd website, you expressly agree and understand that we prohibit the use of our site for any of the following purposes:

Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Posting any information which is untrue, inaccurate or not your own;
Solicit others to perform or participate in any unlawful acts;
Violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
Use or attempt to use another user’s account without authorization from such user and Vocal Herd;
Use the Site and Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, the App and Service, or that could damage, disable, overburden or impair the functioning of the Site or Service in any manner;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
Attempting to interfere in any way with the Site or Vocal Herd’s network security, or attempting to use the Site or the App’s service to gain unauthorized access to any other computer system;
Collect or track the personal information of others;
Spam, phish, pharm, pretext, spider, crawl, or scrape;
Using the Site or the App to drop ship merchandise to third parties;
Bulk purchases for resale;

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors are allowed to submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Vocal Herd reserves the right (but not the obligation) to remove or edit such content.

If you do submit material, and unless we indicate otherwise, you grant Vocal Herd and its affiliates a non-exclusive, royalty-free, perpetual and irrevocable to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Vocal Herd and its affiliates the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Vocal Herd for all claims resulting from content you supply. Vocal Herd has the right but not the obligation to monitor and edit or remove any activity or content. Vocal Herd takes no responsibility and assumes no liability for any content submitted by you or any third party.

Vocal Herd and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@vocalherd.com

APPLICABLE LAW

By visiting Vocal Herd, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Vocal Herd or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to vocalherd.com or to products you purchase through Vocal Herd shall be submitted to confidential arbitration in Cook County, IL, except that, to the extent you have in any manner violated or threatened to violate Vocal Herd’s intellectual property rights, Vocal Herd may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

Vocal Herd reserves the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PRODUCTS

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy: Vocal Herd Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. Vocal Herd cannot guarantee that your computer monitor's display of any color will be accurate.

Vocal Herd reserves the right, but is not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. Vocal Herd may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. Vocal Herd reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Vocal Herd shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

Vocal Herd reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. Vocal Herd reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

When you place an order in our store, you agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: Vocal Herd Refund Policy

THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Vocal Herd Privacy Policy

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Vocal Herd reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Vocal Herd does not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Vocal Herd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Vocal Herd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visits to vocalherd.com and our Store at store.vocalherd.com. We reserve the right to make changes to our site, policies and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

CONTACT

If you have any questions or concerns regarding our policies, our products, or your order, please send us a detailed message to support@vocalherd.com and we will try to resolve your concerns.