Terms And Conditions Of Use

The following terms and conditions govern your use of heartandsoulproductionslive.com (the “Site”), as well as all services related to the Site. The operator of this website is Heart And Soul Productions, LLC (“Heart & Soul” “us,” “our,” or “we”).  By using the Site, you agree to be bound by these Terms of Use (the “Agreement”).  If you do not agree to these Terms of Use, please do not use this Site.

If you have any questions regarding the meaning or application of this Agreement, please direct your questions to:

7702 East Doubletree Ranch Road
Suite 300
Scottsdale, Arizona 85258

support@heartandsoulproductionslive.com

1.                  Who We Are and What We Do.

Heart & Soul develops retreats and seminars designed to inspire you to live your life to the fullest. The Site offers programming and seminars demonstrating a pathway to heal and find joy and experience sustainable reliance in your everyday life. In addition to individuals seeking a path to heal, these programs and seminars will serve as recognized alternative training for health care professionals including naturopaths, chiropractors, and occupational therapists. The Site offers inspiration for users to activate, ground and protect your energy, enabling you to experience more resilience and vitality at the end of your workday.

Heart & Soul develops seminars and retreats to encourage individuals to reconnect with their energy. Live a life with more meaning, authenticity, and purpose! Heart & Soul designs, coordinates and produces workshops, seminars, programs, training courses, and events focused on holistic wellness, healing, and personal growth within a scientific-aligned framework.

The Site showcases and offers for sale these retreats and seminars, as well as the opportunity for users to access subscription services relating to sharing life-healing and empowering techniques.

2.                  Limitations to What We Do.

The Site does not provide health care services and Heart & Soul is not a health care provider.  The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek professional medical advice from your physician or other qualified heath care provider with any questions you may have regarding a medical condition.  The services we provide are not intended to diagnose, treat or cure any disease.

3.                  Access to the Site.

This Agreement grants you a limited, revocable, nonexclusive license to access the Site for your own personal use.  You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by HEART & SOUL. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which HEART & SOUL may undertake from time to time; or (iii) causes beyond the control of HEART & SOUL or which are not reasonably foreseeable by HEART & SOUL.

4.                  Payment To HEART & SOUL/No Refunds

You may purchase products or services through the Site. The Site utilizes third-party vendors for processing payments for those goods or services.  You are subject to those third-party vendors’ terms of use when you use their service.  HEART & SOUL is not liable for any actions by any payment processor, or any interaction between you and any third-party vendor.  If you purchase services through the Site, no physical products will be shipped.

All payments are final.  No portion of any amounts paid to HEART & SOUL is ever refundable unless we expressly state otherwise.

5.                  Limited Warranty/Disclaimer of Liability.

HEART & SOUL makes no representations or warranties as to the truth or accuracy of any information or opinions presented on the Site. It does not guaranty that any retreat or seminar purchased through the Site will provide any change in your life in any recognizable or measurable manner.

This Site and its contents are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose.  Your use of the Site is at your sole risk.  You assume full responsibility for all costs associated with your use of the Site, and that HEART & SOUL shall not be liable for any damages of any kind related to your use of the Site.

IN NO EVENT SHALL HEART & SOUL, OR ANY DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF THE SITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

6.                  Modification of Terms of Use/ Modification of Website.

We reserve the right to change this Agreement at any time. We will announce any changes by posting a revised draft of this Agreement on the Site.  You can determine when this Agreement was last revised by referring to the “Last Updated” information contained herein.  If a change is, in our sole discretion, material, we will notify you of the change if you are an active member of the Site.  By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review this Agreement periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Site, or we may add new areas or features to the Site.

7.                  Copyrights, Trademarks and other Intellectual Property Rights.

All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of the Site are protected by U.S. and state copyright laws, international treaties and other intellectual property laws.  All copyrighted or trademarked material or other intellectual property used on the Site is owned by us or others who have given us permission to use their protected intellectual property.  The Site as a whole is also protected by copyright law and is owned by us.

The materials on the Site, and the Site as a whole, are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without the prior written permission of HEART & SOUL or the owner of that intellectual property. Further, you may not frame any of the Site content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written consent of HEART & SOUL.

8.                  Third-Party Content.

The Site may contain content supplied by parties other than HEART & SOUL. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of HEART & SOUL. We make no guarantees as to the accuracy, completeness or usefulness of any content or service provided, nor its merchantability or fitness for a particular purpose.

HEART & SOUL is not responsible for the actions or inactions of any users of the Site, including the actions or inactions of any service professional listed on the Site.

9.                  Conduct On Site.

You may be permitted to post on the message board or blog of the Site.  You may not post or transmit any material or content on or through the Site:

(a)               that violates or infringes in any way upon the rights of others;

(b)               that discloses private personally identifying information of another person that could lead to identity theft;

(c)               that discloses health related information of another person;

(d)               that discloses confidential, proprietary information or trade secrets;

(e)               that solicits, encourages, or promotes the use of illegal substances or activities;

(f)                which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, constitutes invasion of privacy or publicity rights, is fraudulent or tortious, vulgar, obscene, pornographic, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;

(g)               that is protected by the copyright, trademark, trade secret or any other proprietary rights of anyone other than you;

(h)               that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or

(i)                 that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.

10.              Indemnification.

You agree to indemnify, defend and hold harmless HEART & SOUL and its directors, officers, employees, agents and shareholders, and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of the Site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account.

11.              Governing Law and Jurisdiction.

This Agreement is entered into in the State of Arizona and is governed by the laws of the State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles.  You agree to the exclusive jurisdiction of the state and federal courts in Arizona to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site.  You also expressly consent to the personal jurisdiction of the state and federal courts in Arizona for any such action.

12.              General Provisions.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. HEART & SOUL shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.

13.              Termination / Cancellation.

HEART & SOUL may terminate your authorization to use the Site at any time, in our sole discretion.  Upon any such termination, your right to use the Site will immediately cease.  You agree that any termination of your access to or use of the Site may be effected without prior notice.

14.              Links to Other Sites.

For your convenience, HEART & SOUL may provide links on the Site to websites that are not operated by HEART & SOUL, including links to websites that sell products. We do not control such web sites and are not responsible for their contents, products or operation. These links do not mean that HEART & SOUL endorses, approves or sponsors the linked sites or any information, products or services contained on those sites. We are not liable for any damage that might result from your use of the information, products or services obtained. Your use of such websites is entirely at your own risk.

15.              No Agency/ No Third Party Beneficiary

There is no agency, partnership, joint venture, attorney-client, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party.

16.              Digital Millennium Copyright Act Compliance Notice.

If you believe any of the content on our Site infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act.

HEART & SOUL will process notices of alleged infringement that it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws.  Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to HEART & SOUL’s designated agent:

Maria Crimi Speth

3200 N. Central Ave, Suite 2000

Phoenix, Arizona 85012

mcs@jaburgwilk.com

 

To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. §512(c)(3). Notices that do not comply with the law will be disregarded.

17.              Updates to Terms of Use.

Terms of Use updated as of December 212, 2016.