Work With One Heart
WEB SITE TERMS OF USE AGREEMENT
Welcome to the http://WorkWithOneHeart.com owned by Work With One Heart,
(hereinafter the "COMPANY" or "we").
The goal of Work With One Heart is to empower productivity and success
without the stress
http://WorkWithOneHeart.com is an online community for productivity and
wellness
The information the Work With One Heart provides support for entrepreneurs wanting to achieve
more with less. Tips and
techniques on how to be more productive and less stressful so they can live
fulfilling and healthy lives.
http://WorkWithOneHeart.com requires that all persons or entities
visiting this Website agree to the following terms and conditions. Please read
our Terms of Use Agreement (the "TOU") carefully before continuing on
with your use of this Website or becoming a Member/Customer of the Website. The
Agreement and/or Terms shall govern the use of the Website and apply to all
Internet traffic visiting the Website. If you do not agree to any of these
terms, then do not use the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE
(COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE http://WorkWithOneHeart.com DOMAIN NAME, THE "WEBSITE"),
YOU ("User," "YOU" OR "YOUR" ) SIGNIFY YOUR ASSENT
TO THE TOU, THE WEBSITE'S PRIVACY POLICY, WHICH IS PUBLISHED AT WWW. .COM AND
THE GOODS/SERVICES YOU OBTAIN FROM THE UTILIZATION OF WEBSITE'S SERVICES AND
WHICH ARE INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO REVIEW
THE TOU PERIODICALLY. IF AT ANY TIME YOU FIND THE TOU AND INCORPORATED
AGREEMENTS UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL
USE OF THE SERVICES AND THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU
REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO
ENTER INTO THIS AGREEMENT.
A. http://WorkWithOneHeart.com reserves the right to update the TOU
at any time without notice to User.
B. The right to use http://WorkWithOneHeart.com is personal to User and is not
transferable to any other person or entity. User is responsible for all use of
User's Account (under any screen name or password) and for ensuring that all use
of User's Account complies fully with the provisions of this Agreement. User
shall be responsible for protecting the confidentiality of User's password(s),
if any.
C. COMPANY shall have the right at any time to change or discontinue any aspect
or feature of http://WorkWithOneHeart.com,
including, but not limited to, content, hours of availability, and equipment
needed for access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by clicking on the
"Terms of Use" hypertext link located or published at the bottom of
our Web pages. Work With One Heart shall have the right at any time to change
or modify the terms and conditions applicable to User's use of http://WorkWithOneHeart.com,
or any part thereof, or to impose new conditions, including, but not limited
to, adding fees and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be
given by means including, but not limited to, posting on http://WorkWithOneHeart.com, or by electronic or
conventional mail, or by any other means by which User obtains notice thereof.
Any use of http://WorkWithOneHeart.com by User after such notice shall be
deemed to constitute acceptance by User of such changes, modifications or
additions.
3. DESCRIPTION OF SERVICES
Through its Website and Protected Materials, Work With One Heart provides User
with access to a variety of resources, including download areas, software,
communication forums and product information (collectively
"Services"). Protected Materials are all materials or other
intellectual property rights, or which may be construed as proprietary
information including, but not limited to, any and all technical and
non-technical information that is valuable to Work With One Heart such as
subscription programs, audio/visual programs, coaching programs, tele-seminars,
tele-coaching, flip charts, audio/video products, books, training routines,
training processes, course material, literature, pamphlets, processes,
procedures, patents, trademarks, service marks, products, copyrights, trade
secrets, techniques, sketches, drawings, models, invention, know-how and
equipment related to current and contemplated products and services,
inventions, manufacturing, purchasing, accounting, engineering, marketing, merchandising
and sales, to the extent necessary and as may be reasonably required during the
relationship will be considered protected material. The Services, including any
updates, enhancements, new features, and/or the addition of any new Protected
Materials, are subject to the TOU, the privacy policy and the domain licenses.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of http://WorkWithOneHeart.com and all charges related thereto.
5. USER CONDUCT
A. User shall use http://WorkWithOneHeart.com for lawful purposes only. User shall
not post or transmit through http://WorkWithOneHeart.com any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without Work With One Heart's express prior
approval, contains advertising or any solicitation with respect to products or
services. Any conduct by User that in Work With One Heart's discretion
restricts or inhibits any other User from using or enjoying http://WorkWithOneHeart.com will not be permitted. User shall not
use http://WorkWithOneHeart.com to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users to
become subscribers of other on-line information services competitive with Work
With One Heart.
B. http://WorkWithOneHeart.com contains copyrighted material,
trademarks and other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music and sound, and the entire
contents of http://WorkWithOneHeart.com are copyrighted as a collective work
under the United States copyright laws. Work With One Heart owns a copyright in
the selection, coordination, arrangement and enhancement of such content, as
well as in the content original to it. User may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. User may download copyrighted
material for User's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted without the
express permission of Work With One Heart and the copyright owner. In the event
of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. User acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on http://WorkWithOneHeart.com any material protected by copyright,
trademark or other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with User.
User shall be solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of http://WorkWithOneHeart.com,
User automatically grants, or warrants that the owner of such material has
expressly granted Work With One Heart the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or technology now known or
hereafter developed for the full term of any copyright that may exist in such
material. User also permits any other User to access, view, store, or reproduce
the material for that User's personal use. User hereby grants Work With One
Heart the right to edit, copy, publish and distribute any material made
available on http://WorkWithOneHeart.com by User.
D. The foregoing provisions of Section 5 are for the benefit of Work With One
Heart, its subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or communication facilities designed
to enable User to communicate with others (each a "Communication
Service" and collectively "Communication Services"). User agrees
to use the Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, User agrees
that when using the Communication Services, User will not:
" Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
" Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
" Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material or
information.
" Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual property
laws, including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless User own or
control the rights thereto or have received all necessary consent to do the
same.
" Use any material or information, including images or photographs, which
are made available through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary right of any
party.
" Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
" Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
" Download any file posted by another user of a Communication Service that
User know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
" Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a
file that is uploaded.
" Restrict or inhibit any other user from using and enjoying the
Communication Services.
" Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
" Harvest or otherwise collect information about others, including email
addresses.
" Violate any applicable laws or regulations.
" Create a false identity for the purpose of misleading others.
" Use, download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Services or other user or
usage information or any portion thereof.
B. Work With One Heart has no obligation to monitor the Communication Services.
However, Work With One Heart reserves the right to review materials posted to
the Communication Services and to remove any materials in its sole discretion. Work
With One Heart reserves the right to terminate User's access to any or all of
the Communication Services at any time, without notice, for any reason
whatsoever. Work With One Heart reserves the right at all times to disclose any
information as it deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in Work With One Heart sole
discretion.
C. Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or dissemination; User is
responsible for adhering to such limitations if User downloads the materials.
D. Always use caution when giving out any personally identifiable
information in any Communication Services. Work With One Heart does not control
or endorse the content, messages or information found in any Communication
Services and, therefore, Work With One Heart specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from User's participation in any Communication Services. Managers and hosts are
not authorized Work With One Heart spokespersons, and their views do not
necessarily reflect those of Work With One Heart.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must
complete the registration process by providing Work With One Heart with
current, complete and accurate information as prompted by the applicable
registration form. User also will choose a password and a user name. User is
entirely responsible for maintaining the confidentiality of User's password and
account. Furthermore, User is entirely responsible for any and all activities
that occur under User's account. User agrees to notify Work With One Heart
immediately of any unauthorized use of User's account or any other breach of
security. Work With One Heart will not be liable for any loss that User may
incur as a result of someone else using User's password or account, either with
or without User's knowledge. However, User could be held liable for losses
incurred by Work With One Heart or another party due to someone else using
User's account or password. User may not use anyone else's account at any time,
without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the Services
("Software") is the copyrighted work of Work With One Heart and/or
its suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he or
she first agrees to the License Agreement terms.
B. The License Agreement is based upon one domain name use. Domains need to be
fully owned by the User. Users can buy as many licenses as they need for as
many domains that the User owns.
C. The Software is made available for download solely for use or personal use
by end users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and criminal
penalties. The Software is made available for download solely for use or
personal use by end users according to the License Agreement. Violators will
have their licenses revoked if they do not follow these terms and will be
prosecuted to the maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Work With One Heart HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, Work With One Heart MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
Work With One Heart DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF
THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING
THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as universities, private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written permission. Use for
any other purpose is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
Work With One Heart AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Work
With One Heart AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Work With One Heart AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS
SITE
IN NO EVENT SHALL Work With One Heart AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Work With One Heart OR POSTED AT ANY OF ITS
WEBSITES
A. Work With One Heart does not claim ownership of the materials User provides
to Work With One Heart (including feedback and suggestions) or post, upload,
input or submit to any Services or its associated services for review by the
general public, or by the members of any public or private community, (each a
"Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting")
User's Submission User is granting Work With One Heart, its affiliated
companies and necessary sublicenses permission to use User's Submission in
connection with the operation of their Internet businesses (including, without
limitation, all Work With One Heart Services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User's Submission; to publish
User's name in connection with User's Submission; and the right to sublicense
such rights to any supplier of the Services. No compensation will be paid with
respect to the use of User's Submission, as provided herein. Work With One
Heart is under no obligation to post or use any Submission User may provide and
Work With One Heart may remove any Submission at any time in its sole
discretion. By Posting a Submission User warrants and represents to own or
otherwise control all of the rights to User's Submission as described in these
Terms of Use including, without limitation, all the rights necessary for User
to provide, post, upload, input or submit the Submissions.
B. In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), User warrants and
represents that (a) User is the copyright owner of such Images, or that the
copyright owner of such Images has granted User permission to use such Images
or any content and/or images contained in such Images consistent with the
manner and purpose of User's use and as otherwise permitted by these Terms of
Use and the Services, (b) User has the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such Images.
By Posting Images, User is granting (a) to all members of User's private
community (for each such Images available to members of such private
community), and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community), permission to use
User's Images in connection with the use, as permitted by these Terms of Use,
of any of the Services, (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User's Images without having User's name attached to
such Images, and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for a Images will
terminate at the time User completely remove such Images from the Services,
provided that, such termination shall not affect any licenses granted in
connection with such Images prior to the time User completely remove such
Images. No compensation will be paid with respect to the use of User's Images.
C. Work With One Heart is a distributor (and not a publisher) of content
supplied by third parties and Users. Accordingly, Work With One Heart has no
more editorial control over such content than does a public library, bookstore,
or newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
information providers, Users or any other user of http://WorkWithOneHeart.com, are those of the respective
author(s) or distributor(s) and not of Work With One Heart. Neither Work With
One Heart nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey the law and
to respect the intellectual property rights of others. Your use of the Services
and the Website is at all times governed by and subject to laws regarding
copyright ownership and use of intellectual property. You agree not to upload,
download, display, perform, transmit, or otherwise distribute any information
or Materials in violation of any third party's copyrights, trademarks, or other
intellectual property or proprietary rights. You agree to abide by laws
regarding copyright ownership and use of intellectual property, and you shall
be solely responsible for any violations of any relevant laws and for any
infringements of third party rights caused by any Materials you provide or
transmit, or that is provided or transmitted using your User ID. The burden of
proving that any Materials do not violate any laws or third party rights rests
solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF http://WorkWithOneHeart.com IS AT USER'S SOLE RISK. NEITHER
COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT http://WorkWithOneHeart.com WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF http://WorkWithOneHeart.com,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH http://WorkWithOneHeart.com.
B. http://WorkWithOneHeart.com IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH USER.
D. IN NO EVENT SHALL Work With One Heart, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING http://WorkWithOneHeart.com OR THE Work With One Heart SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE http://WorkWithOneHeart.com.
USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER Work With One Heart NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN http://WorkWithOneHeart.com,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR
FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH
YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. Work With One Heart, ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER Work With One Heart NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY
IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR
MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM
EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER
FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF
FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THS AGREEMENT SHALL
THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED
PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
14. LINKS TO THIRD PARTY SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE Work With One Heart'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Work With One Heart AND Work
With One Heart IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY
LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Work
With One Heart IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. Work With One Heart IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY Work With One Heart OF THE SITE.
B. Work With One Heart is a distributor (and not a publisher) of content
supplied by third parties and Users. Accordingly, Work With One Heart has no
more editorial control over such content than does a public library, bookstore,
or newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
information providers, Users or any other user of http://WorkWithOneHeart.com, are those of the respective
author(s) or distributor(s) and not of Work With One Heart. Neither Work With
One Heart nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
C. In many instances, the content available through http://WorkWithOneHeart.com represents the opinions and judgments
of the respective information provider, User, or other user not under contract
with Work With One Heart. Work With One Heart neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or statement
made on http://WorkWithOneHeart.com by anyone other than authorized Work
With One Heart employee spokespersons while acting in their official
capacities. Under no circumstances will Work With One Heart be liable for any
loss or damage caused by a User's reliance on information obtained through http://WorkWithOneHeart.com. It is the responsibility of
User to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through Work With One Heart. Please
seek the advice of professionals, as appropriate, regarding the evaluation of
any specific information, opinion, advice or other content.
15. UNSOLICITED IDEA SUBMISSION POLICY
Work With One Heart OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COMPANY'S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Work With One Heart. SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY OR ANYONE AT Work With One
Heart. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS,
YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Work With One Heart MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
16. PRIVACY POLICY
Work With One Heart respects your privacy and permits Users to
control the treatment of personal information. A complete statement of Work
With One Heart current Privacy Policy can be reviewed on our "Privacy
Policy" link located or published at the bottom of our Web pages.
17. MONITORING
Work With One Heart shall have the right, but not the obligation, to monitor
the content of http://WorkWithOneHeart.com,
including chat rooms and forums, to determine compliance with this Agreement
and any operating rules established by Work With One Heart and to satisfy any
law, regulation or authorized government request. Work With One Heart shall
have the right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on http://WorkWithOneHeart.com.
Without limiting the foregoing, Work With One Heart shall have the right to
remove any material that Work With One Heart, in its sole discretion, finds to
be in violation of the provisions hereof or otherwise objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless Work With One Heart, its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of
the use of Work With One Heart by User or User's Account.
19. TERMINATION
Either Work With One Heart, http://WorkWithOneHeart.com or User may terminate this Agreement
at any time. Without limiting the foregoing, Work With One Heart shall have the
right to immediately terminate User's Account in the event of any conduct by
User which Work With One Heart, in its sole discretion, considers to be unacceptable,
or in the event of any breach by User of this Agreement.
20. PAYMENTS AND REFUND POLICY
A. Users are charged for software, written publications and online media
products. If you pay a company other than us for the service, then the charges
and billing terms are as stated by the other company. Even if you do not pay
for the service, you may still incur charges incidental to using the service;
for example, charges for Internet access, mobile text messaging, or other data
transmission.
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR PAYMENT METHOD. YOU MUST
BE AUTHORIZED TO USE THE PAYMENT METHOD. YOU AUTHORIZE US TO CHARGE YOU FOR THE
SERVICE USING YOUR PAYMENT METHOD AND FOR ANY PAID FEATURE OF THE SERVICE FOR
WHICH YOU CHOOSE TO SIGN-UP OR USE WHILE THIS CONTRACT IS IN FORCE. WE MAY BILL
YOU FOR MORE THAN ONE OF YOUR PRIOR BILLING PERIODS TOGETHER. IF WE INFORMED
YOU THAT THE SERVICE WOULD BE PROVIDED INDEFINITELY OR AUTOMATICALLY RENEWED,
WE MAY AUTOMATICALLY RENEW YOUR SERVICE AND CHARGE YOU FOR ANY RENEWAL TERM.
C. You may have received a limited time of free service or some other trial
period offer. Unless we notify you otherwise, if you are participating in any
trial period offer, you must cancel the service by the end of the trial period
to avoid incurring charges. If you do not cancel your service, and we have
informed you that the service will automatically be converted into a paid
subscription at the end of the trial period, then you authorize us to charge
your payment method for the service.
D. The price for the service excludes all taxes and phone charges, unless
stated otherwise. These taxes and charges are your responsibility. Currency
exchange settlements are based on your agreement with your payment method
provider. We may change the price of the service from time to time, but we will
tell you before we do.
E. If there is a specific time length and price for your service offer, then
that price will remain in force for that time. After the offer period ends,
your use of the service will be charged at the new price.
F. If you do not agree to these changes, then you must cancel and stop using
the service before the changes take place. If you cancel your service, then
your service ends at the end of your current service time length or, if we bill
your account on a period basis, at the end of the period in which you
cancelled.
G. We will provide you with an online billing statement accessible online
through your User Account. This is the only billing statement that we provide.
If you request a paper copy, we may charge you a retrieval fee. We will only
provide paper copies for the past 120 days. If we make an error on your bill,
we will correct it promptly after you tell us and we investigate the charge.
You must tell us within 120 days after an error first appears on your bill. You
release us from all liability and claims of loss resulting from any error that
you do not report to us within 120 days after the error first appears on your
online statement. If you do not tell us within this time, we will not be
required to correct the error. We can correct billing errors at any time.
H. You may cancel the service at any time, with or without cause. Go to www.editlinkhere.com to obtain information on cancelling your service. Certain service
offers may require cancellation charges, and you will pay all cancellation
charges as specified in the materials describing the offer. Cancellation of the
service by you will not alter your obligation to pay all charges made to your
billing account for which you have already used the Services.
J. The User Fee is non-refundable. If you cancel a paid User Fee, Work With One
Heart will refund the pro-rated amount based on the number of un-used days of
User Fee. Under no circumstances will the amount of the refund exceed the
amount you paid for Services.
21. ENTIRE AGREEMENT
This Agreement, the privacy policy, domain licenses and any
operating rules for http://WorkWithOneHeart.com
established by Work With One Heart constitute the entire agreement of the
parties and supersede all previous written or oral agreements between the
parties.
22. ARBITRATION
Each party to this Agreement expressly agrees that all disputes, claims or
controversies that exist or may come to exist between them including, without
limitation, all disputes, claims or controversies that exist or may arise out
of, under or in connection with this Agreement, first to binding arbitration
located in accordance with the Commercial Arbitration Procedures of the
American Arbitration Association. The parties agree that judgment upon the
arbitration award will be final, binding and conclusive upon each party and may
be entered into any court having jurisdiction. In the case of action under this
Section, the prevailing party shall be entitled to recover its costs of the
proceeding, including reasonable attorneys' fees and out of pocket expenses.
23. CHOICE OF LAW, VENUE AND FORUM
The TOU, the privacy policy, domain licenses and any operating rules for http://WorkWithOneHeart.com shall be construed in accordance with
and governed by the laws of the United States without reference to their rules
regarding conflicts of law. You hereby irrevocably consent to the exclusive
jurisdiction of the state or federal courts, United States in all disputes
arising out of or related to the use of the Website or, without reference to
their rules regarding conflicts of law.
23. SEVERABILITY
If, for whatever reason, a court of competent jurisdiction finds any term or
condition in these Terms of Use to be unenforceable, all other terms and
conditions will remain unaffected and in full force and effect.
24. WAIVER
No waiver of any breach of any provision of these Terms of Use shall constitute
a waiver of any prior, concurrent, or subsequent breach of the same or any
other provisions hereof, and no waiver shall be effective unless made in
writing and signed by an authorized representative of the waiving party.
25. HEADINGS
The section headings used herein are for convenience only and shall not be
given any legal importance.
26. COPYRIGHT
All contents of Website or Services are: © Work With One Heart.
All rights reserved.
27.TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies, organizations,
products, domain names, email addresses, logos, people and events depicted
herein are fictitious. No association with any real company, organization,
product, domain name, email address, logo, person, or event is intended or
should be inferred. Any rights not expressly granted herein are reserved.
28. NO LICENSE
Nothing contained on the Website should be understood as granting you a license
to use any of the trademarks, service marks, logos and the like owned by Work
With One Heart or by any third party.
29. NOTICES
Any notices to Work With One Heart shall be given by email to contact@WorkWithOneHeart.com or
by certified mail, return receipt requested to Work With One Heart, address
[**address**]. Any notice to Users shall be sent by email to the email address
provided by the User. Email notices to a User shall be deemed delivered
twenty-four (24) hours from the time the email is sent. Notices to Work With
One Heart shall be deemed delivered five (5) calendar days after sent by
certified mail.
30. COPYRIGHT INFRINGEMENT
Work With One Heart has in place certain legally mandated procedures regarding
allegations of copyright infringement occurring on the Website or with the
Services. Work With One Heart has adopted a policy that provides for the
immediate suspension and/or termination of any Website or Services user who is
found to have infringed on the rights of Work With One Heart or of a third
party, or otherwise violated any intellectual property laws or regulations. Work
With One Heart's policy is to investigate any allegations of copyright
infringement brought to its attention. If you have evidence, know, or have a
good faith belief that your rights or the rights of a third party have been
violated and you want Work With One Heart to delete, edit, or disable the
material in question, you must provide Work With One Heart with all of the
following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works; (c) identification of the
material that is claimed to be infringed or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit Work With One Heart to locate the
material; (d) information reasonably sufficient to permit Work With One Heart
to contact you, such as an address, telephone number, and if available, an
electronic mail address at which you may be contacted; (e) a statement that you
have a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; and (f) a statement
that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed. For this notification to be effective you
must provide it to the Copyright Infringement Unit, contact@WorkWithOneHeart.com and by certified mail, return receipt
requested Work With One Heart, address [**address**].
31. INDEPENDENT PARTIES
You and Work With One Heart expressly agree that each is an
independent contractor of the other. Neither party is an agent, representative,
broker, employee, partner or joint venturer of the other party. This Agreement
shall not be interpreted or construed to create an association, joint venture,
agency, franchise or partnership between the parties or to impose any
partnership obligation or liability upon either party
32. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
ANY RIGHTS NOT
EXPRESSLY GRANTED HEREIN ARE RESERVED.