Terms of Service
ACCEPTABLE USE POLICY
Updated: March 4, 2019
1) This document outlines the Acceptable Use Policy (Use Policy) under which you, the user (You) may access the content and functionality of the website accessible at https://hearttransformation.com (the “Website”).
You must be at least 18 years old of age or older to visit and use the Website. If You are not at least 18 years old, You must be at least 13 years old and have a parent’s or legal guardian’s permission to visit and use the Website.
You also represent to Heart Transformation that You will not use the Website in a manner inconsistent with applicable laws and regulations in your jurisdiction.
C. Registration and User’s Account
D. User’s Restrictions
You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, any type of material that:
violates any applicable law or regulation; infringes in any manner the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others; is defamatory, obscene, threatening, abusive or hateful.
You are also prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website; overloading, “flooding”, “spamming”, “mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Heart Transformation may investigate occurrences which may involve such violations and may obtain the support of, and cooperate with, law enforcement authorities in prosecuting users who are associated with such violations.
E. Specific Authorized and Prohibited Uses
You are solely responsible for your account information, profile, content and other information that You submit, post, upload, share or store on the Website (“Content”). You agree that in submitting Content or otherwise using the Website that You will not impersonate any person, or submit any materials or Content to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under this Use Policy. You also hereby represent that the information and Content You submit, post, upload, share, or store is true and correct and that any representations made by You are true and correct. Heart Transformation reserves the right to expel users and prevent their further access to the Website for violating the Use Policy or applicable laws, rules or regulations. Heart Transformation specifically prohibits any other use of the Website, and all users agree not to do any of the following:
notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website;
decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
copy or duplicate in any manner any of the Website material without the express prior written consent from Heart Transformation (except for your own personal non-commercial use to assist You in using the Website in accordance with this Use Policy, in which case Heart Transformation grants You, and You hereby accept, a limited, non-exclusive, revocable, royalty free license to aggregate, copy, or duplicate the Website material for such limited stated purpose);
frame or link to any information available from the Website;
circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Website material or enforce limitations on use of the Website or the material therein.
You agree not to alter or modify (or attempt to alter or modify) any part of the Website and not distribute in any medium any part of the Website material without Heart Transformation‘ prior written authorization.
If You believe that any material and Content posted on the Website or accessible through the Website violates this Use Policy, please contact our designated agent set forth in Section R below.
If notified by a user of any materials and Content which allegedly do not conform to this Use Policy, Heart Transformation may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the material. Heart Transformation has no liability or responsibility to the users for performance or nonperformance of such activities.
Heart Transformation reserves the right to discontinue any part of the Website at any time.
F. Account Termination Policy
Heart Transformation may terminate the account of any Website user who violates the terms of this Use Policy, including but not limited to, the provisions of Section E above. Heart Transformation reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked.
The trademarks, service marks, logos, content, and material provided by Heart Transformation (“Heart Transformation Property”) on the Website, are owned by or licensed to Heart Transformation, subject to copyright and other intellectual property rights under the law. By using or accessing the Website, you acknowledge Heart Transformation‘ rights in and to the Heart Transformation Property and You agree not to challenge or contest such rights and not to remove, deface, copy, or modify the Heart Transformation Property. Your use of Heart Transformation Property is subject to the terms of this Use Policy.
You retain all ownership rights in your Content. You provide and Heart Transformation accepts a limited, non-exclusive, world-wide, royalty free license to use the Content to provide You access to and use of the Website and to purchase products available on the Website.
H. Agent to Receive Intellectual Property Infringement Claims
If You believe that your copyrighted work or trademark has been uploaded, posted, stored, or copied to the Website and is accessible in a way that constitutes an act of copyright or trademark infringement, please contact our agent set forth in Section R below.
I. Risk of Loss
All items purchased from Heart Transformation are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier.
J. Returns, Refunds, and Title
Heart Transformation does not take title to returned items until the item arrives at our fulfillment center. A refund may be issued without requiring a return, solely at our discretion. In this event, Heart Transformation does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
K. Product Descriptions
Heart Transformation attempts to be as accurate as possible. However, Heart Transformation does not warrant that product descriptions or other content or Website material is accurate, complete, reliable, current, or error-free. If a product offered by Heart Transformation itself is not as described, your sole remedy is to return it in unused condition and our entire liability is to refund the price you paid for the returned item.
Heart Transformation cannot confirm the price of an item until You order. Despite our efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Heart Transformation is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify You of such cancellation. We generally do not charge your credit card until after your physical or digital order has been submitted.
M. Limitation of Liability and Damages
Heart Transformation cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by a user from the Website shall create any warranty not expressly stated herein. EXCEPT WITH RESPECT TO A CLAIM FOR PERSONAL INJURY ARISING FROM THE USE OF A PRODUCT PURCHASED FROM HEART TRANSFORMATION AND FOR ANY CLAIMS BY EITHER PARTY FOR INFRINGEMENT OF THE PARTY’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THE AGREEMENT). HEART TRANSFORMATION’S MAXIMUM LIABILITY FOR ANY DAMAGES (OTHER THAN PERSONAL INJURY CLAIMS AS SPECIFIED ABOVE) ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR ANY PRODUCT PURCHASED FROM HEART TRANSFORMATION, OR CUSTOMER’S ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO HEART TRANSFORMATION FOR THE PRODUCTS UNDER THE ORDER THAT IS THE SUBJECT OF THE CLAIM. ANY DAMAGE IN YOUR FAVOR AGAINST HEART TRANSFORMATION SHALL BE REDUCED BY ANY REFUND OR CREDIT RECEIVED BY YOU (OR THE THIRD PARTY WHO MADE SUCH PAYMENTS ON YOUR BEHALF) UNDER THE ORDER AND ANY SUCH
REFUND AND CREDIT SHALL APPLY TOWARDS THE LIMITATION OF LIABILITY.
N. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HEART TRANSFORMATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE WEBSITE AND THE WEBSITE MATERIAL ARE PROVIDED BY HEART TRANSFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HEART TRANSFORMATION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE MATERIAL OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIAL ON THE WEBSITE, (II) PERSONAL INJURY (EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN SECTION M ABOVE) OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY WEBSITE MATERIAL. HEART TRANSFORMATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HEART TRANSFORMATION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
You agree to defend, indemnify and hold harmless Heart Transformation, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of the Use Policy; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy license or right. This defense and indemnification obligation will survive the Use Policy and your use of the Website.
The terms of this Use Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Heart Transformation without restriction.
Q. Jurisdiction and Disputes
Any dispute or claim arising from or relating in any way to your use of the Website, or to any products or services sold or distributed by Heart Transformation or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Use Policy. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret and apply the terms of this Use Policy just as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that You or we may bring suit in court to seek injunctive relief for infringement or other threatened or actual violation of intellectual property rights. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Heart Transformation, Attention: Candy Escusa, Registered Agent, 7950 NW 53rd ST., Suite 337, Miami, FL 33166. The arbitration will be conducted by and under the rules of the American Arbitration Association (AAA), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Miami, Florida, or at another mutually agreed location.
R. Designated Agent
All notices and communications with respect to the Use Policy are to be directed in writing by e-mail to [email protected]
S. Contact Information
If you need to contact us for any reason not otherwise provided above, our address is Heart Transformation, 7950 NW 53rd ST., Suite 337, Miami, FL 33166; e-mail: [email protected].