Terms of Use
Last updated September 7, 2022
The following Terms of Use are entered into by and between You and Helping Hearts Inc (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.helpinghearts-inc.com, including any content, functionality and services offered on or through www.helpinghearts-inc.com (the "Website"), whether you are a guest or a registered user.
Before using the Website, please read the Terms of Use carefully. If you use the Website or click to accept or agree to the Terms of Use when that option is available, you accept and agree to abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. You must not access or use the Website if you do not agree to these Terms of Use. The agreements incorporated by reference herein are incorporated into these Terms of Use by reference.
We offer and make this Website available to users over the age of 18. Use of this Website implies that you meet all of the foregoing eligibility requirements, including being of legal age to form a contract with the Company. Please do not access or use the Website if you do not meet all of these requirements.
Changes To the Terms Of Use
These Terms of Use may be revised and updated from time to time at our sole discretion. All changes are effective immediately when they are posted and apply to all future access and use of the Website. Following the posting of revised Terms of Use, your continued use of the Website indicates your agreement to the changes. Check this page periodically, as any changes are binding on you.
Privacy
The Company's Privacy Policy also applies to your use of the Website. Visit our Privacy Policy to learn about our data collection practices and how the Website is governed. By accepting these Terms of Use, you are agreeing to the Privacy Policy.
Disclaimer
The Company's Disclaimer also applies to your use of the Website. You should also review our Disclaimer, which governs the Website and informs users of limitations regarding information provided there. Please note that your acceptance of these Terms of Use is incorporated in the Disclaimer.
Website Access and Account Security
We reserve the right to withdraw or amend this Website and any service or material provided on it at any time without notice. In the event that all or any part of the Website is unavailable at any time or for any period of time, we will not be liable. It may be necessary for us to restrict access to some parts of the Website, or the entire Website, from time to time.
It may be necessary for you to register or provide other information in order to access certain resources on the Website. In order to use the Website and any resources downloaded from the Website, you must provide accurate, current, and complete information. Whenever you register with this Website or otherwise use any interactive features on the Website, you agree that all information you provide is subject to our Privacy Policy, and you consent that all actions we take with respect to your information will be consistent with that policy.
As part of our security procedures, if you choose or receive a user name, password, or any other piece of information, you must treat it as confidential, and you must not disclose it to anyone else. Additionally, you acknowledge that your account is private to you and that you will not allow anyone else to access any portion of this Website using your user name, password, or other security information. In the event of any unauthorized access to or use of your user name or password, or any other breach of security, you agree to notify us immediately. At the end of each session, you agree to exit your account. When accessing your account from a public or shared computer, take special care so that others cannot view or record your password or other personal information.
At any time, we may disable any user name, password, or other identifier, whether chosen by you or provided by us, for any or no reason, including if we believe that you have violated any of these Terms of Use.
No Unlawful Or Prohibited Use And Intellectual Property
In accordance with these Terms of Use, you are granted a non-exclusive, non-transferable, revocable license to access and use the Website.
You warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any illegal or prohibited purpose. The Website or any resources available for download from the Website may not be used in a manner that could damage, disable, overburden, or impair the Website or interfere with another party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
The content on the Website, including text, graphics, logos, images, and compilations thereof, as well as any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other intellectual property laws. Whenever you access such content, you agree to observe and abide by all copyright notices, legends, or other restrictions contained therein.
Any content found on the Website or any of the resources available for download from the Website may not be modified, published, transmitted, reverse engineered, transferred, sold, or exploited in any way.
Content from the Company is not for resale. You are not authorized to make any unauthorized use of the Website or any of the resources available for download from the Website, and in particular you will not remove or alter any proprietary rights or attribution notices. The content is intended for your individual use only, and you will not use it for any other purpose without the company's prior written permission. Any protected content you access does not grant you any ownership rights. You are not granted any license to the Company's or our licensor's intellectual property except as expressly authorized in these Terms.
All related names, logos, product and service names, designs, and slogans of the Company or its affiliates or licensors are trademarks of the Company or its affiliates or licensors. These marks may not be used without the prior written permission of the Company. Other names, logos, product and service names, designs and slogans on this Website are trademarks of their respective owners.
Only For Educational And Informational Purposes
In accordance with the Disclaimer, all information contained on and resources available through this Website are for educational and informational purposes only. Information contained on this Website and resources available for download are not intended to be, and should not be construed as, legal, financial, tax, medical, health, or any other professional advice.
Personal Responsibility And Accuracy
We have done our best to ensure that the information on this Website is accurate and provides valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
You accept personal responsibility for the results of your actions by using this Website. By using this Website or downloading resources from this Website, you agree to take full responsibility for any harm or damage caused to you. Any plan or policy proposed or recommended on this Website must be implemented with due diligence and judgment.
Results Cannot Be guaranteed
The Company has not made any guarantees regarding the results of taking any action, whether recommended on this Website or not, as detailed in the Disclaimer. This Website provides educational and informational resources to help users succeed. The Company cannot control or predict the outcome of your final success or failure, so you recognize that you must depend on your own diligence, your own circumstances, and innumerable other factors.
In addition, you acknowledge that previous results do not guarantee a similar outcome in the future. As such, the results obtained by others applying the principles contained in this Website are no guarantee that you or any other person or entity will achieve similar results.
Communication Via Email And Other Electronic Means
E-mails sent to the Company or visits to the Website constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirements that they be in writing.
It would be our pleasure to communicate with you by e-mail, and this Website includes various places for you to send an electronic communication to the Company. However, any email or other electronic communication does not create a business relationship or a contractual relationship. As outlined more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications, nor can we guarantee that a court order will not force us to disclose such communications.
Use Of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
You agree, for example, that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as privacy and publicity rights); publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by right of privacy or publicity) unless you own or control the rights thereto or have obtained all necessary consents; upload files containing viruses, corrupted files, or any similar software or programs that may harm another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless the Communication Service explicitly permits such messages; conduct or forward surveys, contests, pyramid schemes, chain letters, or other forms of spam; Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed as such; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any software or other material contained in a file uploaded, prevent other users from using and enjoying the Communication Services; violate any code of conduct or other guidelines applicable to the particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Communication Services are not monitored by the Company. Nevertheless, the Company reserves the right to review and remove any materials posted to a Communication Service at its sole discretion. In any case, the Company reserves the right to terminate your access to any or all of the Communication Services without prior notice.
Whenever necessary, the Company may disclose any information as required by law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.
Any communication service should always be used with caution when disclosing personal information. The Company does not control or endorse the content, messages or information found in any Communication Service, and, therefore, the Company specifically disclaims any responsibility with regard to the Communications Services and any actions resulting from your participation. A manager or host is not an authorized spokesperson for the Company, and their views do not necessarily reflect those of the Company.
There may be restrictions on the use, reproduction, and/or dissemination of materials uploaded to a Communication Service. If you upload materials, you are responsible for adhering to such limitations.
Submitted Materials To The Website
Any material you provide to the Website (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively "Submissions") is not owned by the Company. The Company, our affiliated companies, and necessary sublicensees are granted permission to use your Submission in connection with their Internet businesses by posting, uploading, inputting, providing, or submitting your Submission. This includes, but is not limited to: copying, distributing, transmitting, displaying, performing, reproducing, editing, translating, and reformatting your Submission; and publishing your name in connection with it.
As provided herein, no compensation will be paid for the use of your Submission. In its sole discretion, the Company may post or use any Submission you may provide, and may remove any Submission at any time.
If you post, upload, input, provide, or submit your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, all the rights you need to provide, post, upload, input or submit your Submission.
Third-party Links And Services
There may be links on the Website to other Websites ("Linked Websites"). Linked Websites are not under the Company's control, and the Company is not responsible for their contents, including without limitation any link contained in a Linked Website or any changes or updates to it. Links provided by the Company are for your convenience only, and the inclusion of a link does not imply endorsement by the Company of the Website.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
Guests
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. Neither the Company nor its agents control the information provided by such third-party guests, nor are they responsible for investigating the truth of any information provided.
Any individual who agrees to appear on the Company's podcast agrees to assign all intellectual property rights to the Company and to provide a license to any rights that cannot be assigned.
No Warranties
THE COMPANY DOES NOT WARRANT THE OPERATION OR PERFORMANCE OF THIS WEBSITE. Furthermore, THE COMPANY DOES NOT REPRESENT OR WARRANT IN ANY WAY, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES CONTAINED IN OR THROUGH THIS WEBSITE. EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW.
Limitation of Liability
YOU AGREE TO RELEASE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS RESULTING FROM YOUR USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. THIS WEBSITE IS PROVIDED FOR YOUR INFORMATION ONLY, AND THE COMPANY WILL NOT BE LIABLE FOR ANY TYPE OF LOSS OR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES.
A CHANGE TO THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY REVIVE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS TO THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Arbitration
Any and all claims you may have, now or in the future, arising from or related to this Website, the Company, any and all contracts you enter into with the Company, and the Company's products and services are hereby waived.
Whenever you attempt to assert such a claim, you expressly agree to present it only in binding arbitration in Los Angeles, California. As a result, you further agree to waive any right to class arbitration and instead agree to conduct an arbitration pertaining solely to the individual claims you and/or any entity related to you assert against the Company. All costs associated with initiating and administering the arbitration are your responsibility to the fullest extent permissible by law.
International Users
Our offices in the USA control, operate, and administer the Service. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. By using the Website, you agree not to use the Company Content in any country or in any manner prohibited by law.
Indemnification
Any losses, costs, liabilities and expenses (including reasonable attorneys' fees) resulting from your use or inability to use the Website or services, any user postings made by you, your violation of the terms of this Agreement or any violation of the rights of a third party, or your violation of any laws, rules or regulations, will be indemnified, defended, and held harmless by you. Unless otherwise agreed, the Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate with the Company to assert any available defenses.
No Joint Venture Or Other Relationship
By using the Website, you agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company. This agreement is subject to existing laws and legal process, and nothing contained in it detracts from the Company's right to comply with government, court, and law enforcement requests or requirements relating to your use of the Website or the information provided to or gathered by the Company with respect to such use. In the event that any part of this agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations above, the invalid or unenforceable provisions shall be superseded by a valid, enforceable provision that most closely matches the original provision's intent, and the remainder of the agreement shall remain valid.
Entire Agreement
It is understood that this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website. The agreement supersedes all prior or contemporaneous communications and proposals between the user and the Company regarding the Website, whether electronic, oral or written. A printed version of this agreement and of any notice given in electronic form is admissible in judicial or administrative proceedings based upon or related to this agreement to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. This agreement and all related documents are to be written in English as expressly requested by the parties.
Contact Us
Questions or comments regarding the Terms should be directed to:
Helping Hearts Inc
4720 W. Slauson Ave
Windsor Hills, CA 90056
Email Address: info@helpinghearts-inc.com