Use of Site
Unless otherwise specified, the Site is for your personal and non-commercial use. No right, title or interest in any Site content is transferred to you as a result of downloading such content or otherwise. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
While using the Site you will comply with all applicable laws, rules, and regulations. In addition, the Company expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth herein; and failure to comply with such rules may result in termination of access to the Site. You agree that you will not:
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that the Company endorses any statement you make.
- Interfere with or disrupt the operation of the Site; or violate any requirements, procedures, policies or regulations of such any networks which function to make this Site available.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, spyware, or other computer code, file, or program that may be or is intended to damage or alter the operation of, or to monitor the use of, any hardware, software, or equipment.
- Restrict or inhibit any other person from using the Site.
- Post or transmit any content, information, or materials on or through the Site which is in any way infringing, obscene, defamatory, or otherwise objectionable or offensive.
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- In any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without the Company’s express prior written consent. The Company grants the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials. The Company reserves the right to revoke these exceptions.
Links to Third-Party Web Sites
If you use any links on the Site to websites not maintained by Head and Heart Training & Consulting, you will leave Head and Heart Training & Consulting Site. The linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site. The Company provides these links to you only as a convenience. The inclusion of any link does not imply recommendation, approval, verification of accuracy, or endorsement by the Company of the site.
Any software or document that is made available to download from the Services (“Download”) is the copyrighted work of Head and Heart Training & Consulting and/or its suppliers. Use of the Download is governed by the terms of this Agreement, or by an end user license agreement, if any, which accompanies or is included with the Download (“License Agreement”). Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by the Company. Without limiting the foregoing, copying or reproduction of the download to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by a license agreement accompanying such download.
Pursuant to 47 U.S.C. Section 230(d) as amended, Head and Heart Training & Consulting notifies you that parental controls are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/and http://onguardonline.gov/. The Company does not endorse any of the products or services listed at this Site. Under no circumstances is the Site directed to and/or intended for use by individuals under the age of thirteen (13), and we do not knowingly collect Personal Information from children under age 13. If you believe that we might have any information from a child under 13, please contact us so that we may delete it as soon as possible.
The Site is generally operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us may be transferred to the United States. Please also be aware that by using the Company’s Site and giving us your information, you consent to such transfer. You accept that the transmission of personal information and other data via the internet is not completely secure. Head and Heart Training & Consulting cannot guarantee the security of your information when it is in the process of being transmitted to and from its Site. You also understand that the U.S. may not provide the same level of protections as the laws of your country. You acknowledge and understand Head and Heart Training & Consulting does not currently monitor or offer any products or services to residents of the European Union and therefore any privacy protections whether additional or supplemental, that would be applicable via GDPR will not apply to you and your data.
We may make available software to access Head and Heart Training & Consulting’s websites, technology platforms, and related online and mobile services via a mobile device (“Mobile Applications”). You must use a mobile device that is compatible with that Mobile Application. Head and Heart Training & Consulting does not warrant that any Mobile Application will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Head and Heart Training & Consulting hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Account on a mobile device owned or leased solely by you, for your personal use. You acknowledge that Head and Heart Training & Consulting may from time to time may automatically electronically upgrade the version of any Mobile Applications that you are using. You consent to such automatic upgrading and agree to timely upgrade the Mobile Application in the event there is no automatic update. You further agree that the terms and conditions of this Agreement will apply to all upgrades to the Mobile Applications. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any. The foregoing license grant is not a sale of the Mobile Applications or any copy or portion thereof, and Head and Heart Training & Consulting or its third party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Head and Heart Training & Consulting reserves all rights not expressly granted under this Agreement with respect to the Mobile Applications and otherwise. The Mobile Applications originate in the United States, and are subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Sites.
Disclaimer of Warranties
Head and Heart Training & Consulting makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content, unless otherwise specified in writing. To the fullest extent permitted by applicable law, the released parties expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. Head and Heart Training & Consulting does not warrant or represent that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, that the sites, the materials, and/or other content on the sites are free from viruses, infringing material, or other harmful components, or that defects in the site or the service will be corrected. Head and Heart Training & Consulting does not warrant or make any representations regarding the accuracy or completeness of the content or results of, the correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis. Except as warranted in a license agreement, Head and Heart Training & Consulting hereby disclaims all warranties and conditions with regard to any download, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to you.
You (and not Head and Heart Training & Consulting) assume the entire cost of all necessary servicing, repair, or correction relating to your use of the sites, the materials, and/or other content on the sites. Head and Heart Training & Consulting shall not be liable for delay or failure in performance resulting from causes beyond Head and Heart Training & Consulting reasonable control, including, without limitation, delays and other problems inherent in the use of the internet and electronic communications. Head and Heart Training & Consulting is not responsible for any delays, failures, or other damage resulting from such problems. All content is provided for informational purposes only.
Limitation of Liability
IN NO EVENT WILL Head and Heart Training & Consulting be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, to any person or property or any other kind, resulting from your access or use of this site. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to all reasonable costs and attorneys’ fees. Head and Heart Training & Consulting takes no responsibility and disclaims liability for any damages arising from any third party’s use of the site to launch denial of service attacks against other parties, or similar malfeasance. You hereby waive any and all such claims against Head and Heart Training & Consulting, its officers, directors, partners, employees affiliates, and contributors. You agree that the Site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.
If you purchase any paid Service from Head and Heart Training & Consulting, such purchases may be subject to the additional terms and conditions associated with such purchases, including an associated Contract.
User Supplied Information
Any feedback, information, or other files in any form that you provide at this Site shall be deemed to be non-confidential. Head and Heart Training & Consulting shall obtain the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display, and create derivative works from the feedback, without any restriction or responsibilities to you. By providing such feedback, information, or files, you guarantee to us that you have the legal right to post said feedback and that it will not violate any law or rights of any person or entity. By supplying your mobile phone number and/or email address to Head and Heart Training & Consulting, you agree that Head and Heart Training & Consulting may contact you by telephone, text message, or email, at the number(s) and/or email address(es) supplied, and you hereby contest to receiving such communications for transactional, operational, or informational purposes.
Claims of Copyright Infringement
Pursuant to 17 U.S.C. Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. Head and Heart Training & Consulting’s policy is to take action regarding allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at http://copyright.gov). To report an infringement, you must submit a written notice containing the following:
(a) Identification of the copyrighted content alleged to be infringed upon in sufficient detail to specify the copyrighted work;
(b) Identification of content constituting copyright infringement, including the specific internet address of said content;
(c) Name, address, telephone number, and email address, to allow Head and Heart Training & Consulting to contact you regarding the claim;
(d) A statement that you have a good faith belief that use of copyrighted content is unauthorized;
(e) A statement under the penalty of perjury that all information provided in such notice is accurate, and that you are either the owner of the allegedly infringed copyright, or a person authorized to act on the owner’s behalf.
(f) A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner.
Please note that this procedure is exclusively for notifying Head and Heart Training & Consulting and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under any applicable laws. Head and Heart Training & Consulting may in its sole discretion limit access to the Sites and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Choice of Law/ Forum
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and of the State of Pennsylvania without regard to its conflict of laws provisions. You agree to the personal jurisdiction of and venue in the state and federal courts in Pennsylvania and waive any objection to such jurisdiction or venue.