Website Terms of Service

 

Introduction 

 

These Terms of Service (“Terms”) are an agreement between Heartfelt Wellbeing, LLC “Heartfelt Wellbeing”) and you, a user of our web site and/or of Heartfelt Wellbeing products and services.

Please read these Terms carefully. By using products and services available through our website or (via other digital or interaction platforms). or from Heartfelt Wellbeing, you agree to be bound by these Terms as well as our Privacy Policy written below. Any new features of our products, services and web site, including updates, upgrades, or new services, shall also be subject to these Terms of Service. In addition, some products and services offered through our company and web site may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions.

THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. BY ACCESSING, DOWNLOADING, OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEB SITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEBSITE OR ACCEPT SERVICES.

Our Content; Proprietary Rights

Through our website and services, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on our website, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our website and our services. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our website and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy.

The name Heartfelt Wellbeing LLC and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of Heartfelt Wellbeing LLC in the U.S. and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

Third-Party Links

We are not responsible for the content or availability of outside websites or resources linked to or referenced on our website. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such websites.

Age Restriction

Our services may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our web site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website an services is revoked in such jurisdictions.

Acceptable Use

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our web site.

Unacceptable Use

You shall not:

·  modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site;

·  remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the web site or any content;

·  “frame” or “mirror” any portion of the web site, or link to any material other than via the homepage of the URL located at www.heartfeltwellbeing.com or the URLs provided by us to you for such purposes, without our prior written authorization;

·  use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the web site; or

·  harvest or collect information about or from users of the web site without their express consent and, if such consent is provided, only pursuant to applicable law.

Reporting Copyright Infringement

If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site. The DMCA Notice of Alleged Infringement shall:

1. Identify the copyrighted work that you claim has been infringed.

2. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”  “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature. Deliver this notice, with all items completed, to our Designated Copyright Agent at: hannah@heartfeltwellbeing.com.

 

Warranties/Limitation of Liability

 

OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEB SITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEB SITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEB SITE AT ANYTIME WITHOUT NOTICE.WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEB SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS OR SERVICE THAT GAVE RISE TO SUCH LIABILITY, OR (B) $100.

 

Indemnification.

 

You agree to defend, indemnify and hold harmless Heartfelt Wellbeing LLC and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.

 

PRIVACY POLICY

 

Last updated: 2021-03-06 18:31:42

We value your privacy very highly. Please read this Privacy Policy carefully before using the  Website (the "Website") operated by Heartfelt Wellbeing LLC, a(n) Limited Liability Company formed in Virginia, United States ("us," "we," "our") as this Privacy Policy contains important information regarding your privacy and how we may use the information we collect about you.

Your access to and use of the Website is conditional upon your acceptance of and compliance with this Privacy Policy. This Privacy Policy applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by this Privacy Policy. If you disagree with any part of the Privacy Policy, then you do not have our permission to access or use the Website.

What information we collect, where we get this information from, how we use this information, what happens if we don't have it, and the legal basis for processing this information

We collect any and all information that you enter on this Website. We collect the following information about you:

Category of informationSpecific piece of informationLegal basis for processing this informationWhere we get this information fromHow we use this informationWhat happens if we don't have this information

Identifying informationName

  • The user has provided consent to the processing of their information;

  • Processing is necessary to perform a contract with the user;

  • Processing is necessary in order to take steps that the user has requested prior to entering into a contract;

  • Processing is necessary for compliance with a legal obligation.

  • Information submitted by the consumer;

  • Social networks;

  • Tracking pixels.

  • Analytics;

  • Enforcing our Terms of Service;

  • Marketing and advertising;

  • Providing customer service;

  • Verifying customer information.

  • Our use of your data for analytics will not be possible;

  • Our use of your data for enforcing our Terms of Service will not be possible;

  • Our use of your data for marketing and advertising will not be possible;

  • Our use of your data for providing customer service will not be possible;

  • Our use of your data for verifying customer information will not be possible.

Identifying informationPhone number

  • The user has provided consent to the processing of their information;

  • Processing is necessary to perform a contract with the user;

  • Processing is necessary in order to take steps that the user has requested prior to entering into a contract;

  • Processing is necessary for compliance with a legal obligation.

  • Information submitted by the consumer;

  • Social networks;

  • Tracking pixels.

  • Analytics;

  • Enforcing our Terms of Service;

  • Marketing and advertising;

  • Providing customer service;

  • Verifying customer information.

  • Our use of your data for analytics will not be possible;

  • Our use of your data for enforcing our Terms of Service will not be possible;

  • Our use of your data for marketing and advertising will not be possible;

  • Our use of your data for providing customer service will not be possible;

  • Our use of your data for verifying customer information will not be possible.

Identifying informationIP address

  • The user has provided consent to the processing of their information;

  • Processing is necessary to perform a contract with the user;

  • Processing is necessary in order to take steps that the user has requested prior to entering into a contract;

  • Processing is necessary for compliance with a legal obligation.

  • Information submitted by the consumer;

  • Social networks;

  • Tracking pixels.

  • Analytics;

  • Enforcing our Terms of Service;

  • Marketing and advertising;

  • Providing customer service;

  • Verifying customer information.

  • Our use of your data for analytics will not be possible;

  • Our use of your data for enforcing our Terms of Service will not be possible;

  • Our use of your data for marketing and advertising will not be possible;

  • Our use of your data for providing customer service will not be possible;

  • Our use of your data for verifying customer information will not be possible.

Identifying informationEmail address

  • The user has provided consent to the processing of their information;

  • Processing is necessary to perform a contract with the user;

  • Processing is necessary in order to take steps that the user has requested prior to entering into a contract;

  • Processing is necessary for compliance with a legal obligation.

  • Information submitted by the consumer;

  • Social networks;

  • Tracking pixels.

  • Analytics;

  • Enforcing our Terms of Service;

  • Marketing and advertising;

  • Providing customer service;

  • Verifying customer information.

  • Our use of your data for analytics will not be possible;

  • Our use of your data for enforcing our Terms of Service will not be possible;

  • Our use of your data for marketing and advertising will not be possible;

  • Our use of your data for providing customer service will not be possible;

  • Our use of your data for verifying customer information will not be possible.

With whom we share your information

We do not share your personal information with any third parties.

How we protect your information

We have implemented the following measures to protect and safeguard your personal information:

  • limiting the amount of personal information that we collect to strictly necessary only;

  • using ssl or other secure connection technologies when receiving or sending personal information beyond internal networks;

  • destroying the personal information that we no longer need;

  • performing regular risk assessments;

  • screening all employees with access to personal information.

Cookies

A cookie is a small piece of data sent from a website and stored on your computer by your web browser. The file is added once you agree to store cookies on your computer or device, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow sites to respond to you as an individual. The Website can also tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.

This Website collects cookies and may use cookies for reasons including, but not limited to:

  • Analyze our web traffic using an analytics package;

  • Identify if you are signed in to the Website;

  • Test content on the Website;

  • Store information about your preferences;

  • Recognize when you return to the Website.

Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. This setting may prevent you from taking full advantage of the Website.

Children's privacy

This Website is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond to that child to inform him or her that they cannot use this Website.

Analytics programs

This Website uses Google Analytics to collect information about you and your behaviors. If you would like to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/.

Information retention

We retain all of the information that we collect until you remove yourself from our list.

Direct marketing

We use the information that we collect about you for direct marketing purposes. Direct marketing is the act of selling products or services directly to consumers rather than through retailers. You may, at any time, request that we cease to use your information for direct marketing purposes by emailing us at .

Your rights

Depending upon where you reside, you may have the following rights with regard to your personal information.

RightApplies To

The right to access your information.*Everyone

The right to say no to the sale of your personal information.Residents of Nevada only

The right to request that we delete all or some of the personal information that we have collected on you.*Everyone

The right to ask us to transmit your personal information that we have collected on your to another provider (where technically feasible).*Everyone

Rectification of information: the right to request that we amend any of the information that we have collected about you.*Everyone

The right to withdraw your consent to the processing of your data.*Everyone

The right to request that we restrict the processing of your data.*Everyone

The right to lodge a complaint regarding our collection, sharing and processing of data with competent authorities in the proper jurisdiction.*Everyone

The right to lodge a complaint regarding our collection, sharing and processing of data with the Information Commissioner's Office or any other competent authority.*Everyone

*You may exercise these rights at any time by emailing us at . Please note that we may ask you to verify your identity before we can exercise any of these rights.

Exercising your rights

You may exercise the rights specified above by submitting a consumer request to the person accountable for our privacy practices and policies, whose contact information is below.

We will need to verify your identity prior to effectuating your request. To verify your identity, you will need to provide us with the following information with your request:

 

  • Name;

  • Email address.

Please note that we may be unable to process your request if you do not provide us with the above information.

We will respond to most consumer requests within 30 days of receipt. However, some requests may take longer. We will notify you in writing if we need more time to respond (up to an additional 30 days). We have the ability to deny your request(s) if certain exceptions in the law apply. If we do deny your request(s), we will provide you with the reasons for such denials.

Accountability

The following person is accountable and responsible for our privacy practices and procedures:

Hannah Levin

CEO

828-226-3117

hannah@heartfeltwellbeing.com

You may lodge a complaint with us by contacting the person accountable and responsible for our privacy practices and procedures at the contact information above. You may also lodge a complaint with the Office of the Privacy Commissioner of Canada by filling out this form or calling 1-800-282-1376.

Location of data processing

All data processing activities undertaken by us take place in Virginia.

Third-party websites

This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. It is up to you to read and fully understand their Privacy Policies. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Do Not Track

Do Not Track is a preference you can set on your browser to inform websites that you do not want to be tracked. We do not support Do Not Track ("DNT"). You can either enable or disable Do Not Track by visiting the Preferences or Settings page of your browser.

Changes to Privacy Policy

We reserve the right to amend this Privacy Policy at any time. We will notify you of any changes to this Privacy Policy By posting the updated Privacy Policy to this website or application.

Questions

If you have any questions about this Privacy Policy, please contact u.