TERMS AND CONDITIONS
Thank you for your interest in HeartSine. We invite you to access our web site and use our Service (as defined below) and Product. Please note that your invitation is subject to your review and agreement with certain terms and conditions. These terms and conditions are set forth in this document, and in certain other policies, guidelines and other terms or conditions that may be presented to you from time to time at other locations in our web site in connection with specific Service and Product offerings (all of which may be updated from time to time and are collectively referred to as our “Terms of Service”). If you access our web site and use our Service, your use shall be deemed to accept the Terms of Service and be a party to a legally binding contract with HeartSine (“HeartSine.” “We,” and sometimes “Us”). You may also be required or elect to enter into a separate written agreement or click “accept” or “agree” to become a party to another contract with HeartSine (a “Separate Agreement”), and these Terms of Services shall not be considered to supersede the specific contractual terms of the Separate Agreement. If there is any contradiction between the terms of the Separate Agreement and these Terms of Service, then the terms of the Separate Agreement shall take precedence over the contradictory terms in the Terms of Service with respect to the subject matter of such Separate Agreement.
You may wish to save a copy of these Terms of Service for your records. In any event, be sure to regularly check these terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. The then-applicable Terms of Service will be posted at www.HeartSine.com, and we will indicate the effective date of each update at the top of the Terms of Service. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
1. SERVICE DESCRIPTION
The HeartSine Service consists of products and a web site hosted or made available by HeartSine, which you may use for transmitting personal ordering information for HeartSine products (collectively, the “Service”).
2. USE OF SERVICE
Subject to the terms and conditions within, these Terms of Service, HeartSine grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from using the Service under the laws of the United States. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information. You may also be provided with an account, username and/or password to access or use the Service (the “Account Information”). You agree to immediately notify HeartSine of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.
3. USER CONDUCT
You acknowledge and agree that all information, data, text, images and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Service (“Content”), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service. We reserve the right, but shall have no obligation, to verify, pre-screen, reject, review, quarantine, delete or move any Content submitted to our web site by you via the Service.
You agree that you are responsible for your own conduct on our website and all Content that is created, transmitted, stored or displayed by anyone using your Account Information with the Service and for any consequences arising as a result thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any Separate Agreements, and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to privacy laws and the storage and transmission of data and technology). Without limiting the foregoing, you shall be deemed to represent and warrant to HeartSine that you have the right and authority to submit your Content to HeartSine in connection with your use of the Service, and such submission and the grant to HeartSine of the rights you grant herein in connection with HeartSine’s offering and operation of the Services does not infringe the rights of any person or third party.
You verify by your use of the Service that all Content submitted or uploaded to the Service is accurate and complete. You acknowledge that HeartSine does not verify the accuracy or authenticity of any content submitted to HeartSine or uploaded to the Service.
By submitting to HeartSine any ideas, suggestions, documents and/or proposals through the “Contact Us” interface or otherwise (collectively, “Contributions”), you acknowledge and agree that: (a) your Contributions do not contain confidential or propriety information; (b) HeartSine is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) HeartSine shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) HeartSine may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of HeartSine without any obligation of HeartSine to you; and (f) you are not entitled to any accounting, compensation or reimbursement of any kind from HeartSine under any circumstances.
You further agree to NOT:
(a) use our products or the Service for illegal purposes or for promotion of dangerous activities;
(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(c) upload, post or to otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(d) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
(f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;
(h) violate any applicable local, state, national or international law, or any regulations having the force of law;
(i) “stalk” or otherwise harass another person or company, or take any action invasive to another’s privacy (by posting, for example, another’s photograph, address, email, phone number or any other contact information) without permission from such other person;
(j) collect or store personal data about other users for commercial purposes;
(k) allow usage by others in such a way as to violate these Terms of Service;
(l) solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
(m) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (unless you have been specifically allowed to do so in a Separate Agreement).
5. INTELLECTUAL PROPERTY RIGHTS; PERMISSIONS
You acknowledge and agree that HeartSine (and any licensors to HeartSine) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service (the “Software”), and all intellectual property rights therein (whether registered or not and wherever existing in the world). You further acknowledge and agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms of Service and any Separate Agreement. Except for the limited license rights specifically granted to you in these Terms of Service, HeartSine and its suppliers own and shall retain all rights, title and interest, including, without limitation, intellectual property rights, in and to the Service and all Software utilized therein (and all copies thereof and related materials that are delivered or made available to you with the Service).
You acknowledge and agree that all original products offered for sale by the Service (collectively the “Products”) are the original intellectual property of HeartSine, and that HeartSine owns all rights, including all copyright, trademark, patent, and moral rights, to the Products, including without limitation the rights to display, copy, reproduce, duplicate, license, or create derivative works from the Products. You agree to refrain from displaying, copying, reproducing, duplicating, licensing, reverse engineering, or creating derivative works from the Products as a condition to use the Service.
In order to enable HeartSine to operate the Service, we must obtain from you certain permissions to use the Content you submit (so that our storage, technical reproduction, back-up and distribution, and related handling of your Content doesn’t infringe applicable privacy and other laws). Accordingly, by using the Service and posting Content, you grant HeartSine a license to reproduce your Content to enable it to operate and promote the Service. (You also agree that HeartSine has the right to elect not to accept, store, display, publish or transmit any Content in our sole discretion.)
6. SERVICE COMPONENTS
HeartSine may from time to time engage certain affiliates or other third parties to provide all or part of the Service or Products to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Service to send electronic communications (including but not limited to email and uploading Content, and other Internet activities), you will be causing communications to be sent through computer networks owned by HeartSine and third parties that are located in Ohio and other locations in the United States and other countries and that, as a result, your use of the Service will likely result in interstate data transmissions. You understand that HeartSine, in performing the required technical steps to provide the Service to our users, may make such changes to our Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
7. MODIFICATIONS OF SERVICE
We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance or any part of the Service. In connection with any modification of the Service, HeartSine may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service.
HeartSine may terminate the Service, or your access to our use of the Service or your account, with or without notice. Reasons for HeartSine terminating your account or the Service include, without limitation (a) breach or violation of these Terms of Service, (b) your request or self-effecting account deletion, (c) your nonpayment of any fees or other sums due or any other party related to your use of the Service or purchase of products, (d) requests by law enforcement or other government agencies, (e) the discontinuance or material modification to the Service (or any part thereof), or (f) unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service.
HeartSine may include the use of third party resources and/or links to third party websites as part of the Service. HeartSine has no control over such sites and resources and, accordingly, you acknowledge and agree that (a) HeartSine is not responsible for the availability of such external sites or resources; (b) HeartSine does not endorse and are not responsible or liable for any other content or other materials available from such sites or resources and (c) HeartSine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
You agree to indemnify and hold HeartSine, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, injury, and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service or Products or any violation of these terms of Service or any other actions connected with our use of the Service (including all actions taken under your account).
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE AND PRODUCTS IS AT YOUR SOLE RISK. THE SERVICE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEARTSINE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) HEARTSINE DOES NOT WARRANT THAT (i) THE SERVICE OR PRODUCTS WILL MEET ALL OF YOUR REQUIREMENTS; OR (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
(c) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEARTSINE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEARTSINE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, INJURY, ECONOMIC DAMAGES, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF HEARTSINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OF THE SERVICES OR PRODUCTS OF HEARTSINE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (iv) HEARTSINE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF SERVICE; OR (ix) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT IN THE EVENT THIS EXCLUSION OF LIABILITY OF HEARTSINE IS DEEMED LEGALLY UNENFORCEABLE, FOR ANY REASON, THAT SUCH LIABILITY SHALL BE LIMITED TO THE TOTAL CONSIDERATION PAID BY YOU TO HEARTSINE FOR ANY PRODUCTS OR SERVICES.
13. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND HEARTSINE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that we may provide you with notices hereunder by email, regular mail or postings on the web site(s) related to the affected Service, in our discretion, and that we may rely upon the contact information you have provided as being accurate, complete and current.
Except where these Terms of Service or any Separate Agreement specifically provide for use of a different means or address for notice, any notice hereunder to HeartSine must be delivered by email to compliance at firstname.lastname@example.org. This email address may be updated as part of any update to these Terms of Service.
15. GENERAL TERMS
(a) These Terms of Service constitute the entire agreement between you and HeartSine and governs your use of the Service. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier versions of these Terms of Service between you and HeartSine for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party.
(b) You acknowledge and agree that any affiliate of HeartSine shall be a third party beneficiary to these Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or provides rights in favor of them. Other than this, no other person or company shall be a third party beneficiary to these Terms of Service.
(c) These Terms of Service and the relationship between you and HeartSine shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and HeartSine agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Cuyahoga, Ohio. Notwithstanding this, you agree that HeartSine shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any applicable court of competent jurisdiction.
(d) The failure or delay by HeartSine to exercise or enforce any right or provision of these Terms of Service or rights under applicable law shall not constitute a waiver of any such provisions or rights. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
(e) You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these Terms of Service must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever bared from bringing such claim.
(f) The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
HeartSine respects each individual’s right to personal privacy. We will collect and use information through our Web Site only in the ways disclosed in this statement. This policy applies solely to activity at and information collected by HeartSine’s Web Site.
This policy describes rights retained by HeartSine in regard to content (‘Rights Information’) and covers how HeartSine treats personal information that we collect and receive, including that related to your past use of our products and services (‘Privacy Information’). Personal information is information about you that is personally identifiable like your name, address, email address or phone number, and that is not otherwise publicly available.
This policy does not apply to the practices of companies that HeartSine does not own or control, or to people that HeartSine does not employ or manage. In addition, certain associated companies have their own privacy statements that can be viewed by at their individual web sites.
Further, this policy describes specific rights retained by HeartSine, intellectual property contained within this site with regard to its protection.
In order to improve our business, HeartSine may buy or sell a company, or one or more of the companies in our corporate family may merge with or be acquired by another company. If such a transaction occurs, we transfer some or all of your information as part of the transaction in order that the service being provided to you may continue. In that event, you will receive notice, through our Web Site, of that change in control and practices, and we will make reasonable efforts to ensure that the purchaser honors any opt-out requests you might make of us.
We may also release information when we believe it is necessary and appropriate to comply with applicable laws or to protect the rights, property or safety of HeartSine, our employees, customers, Web Site visitors, or others.
3. GENERAL USER INFORMATION COLLECTION
We collect information and use it to keep you informed about HeartSine, and to make your visit to our site as useful and informative as possible.
We are committed to safeguarding all personally identifiable information we obtain about site visitors, whether internal or external. The only personally identifiable information we collect via electronic mail, or our web site, including site(s) currently being maintained by trusted third-party providers, is (1), that which is voluntarily provided by our visitors, and (2), that which is generally found within the user’s browser, for purposes of identification.
4. TYPES OF USER INFORMATION COLLECTED
HeartSine does not actively market to children, and we never knowingly ask a child to divulge personal information.
a) Personal Information
To process customer product orders, we request and collect personal information including name, phone number, e-mail address, shipping address, billing address, and credit card data. This information is used solely for processing customer product orders and is not shared with other organizations for commercial purposes.
b) Non-Personal Information
In some cases, we may collect information about you that is not personally identifiable. For example, our Web Site may automatically recognize the domain name of the Web Site, or the advertisement, which you clicked through to reach our site (for example, yahoo.com, if you are connecting from a Yahoo account), but not the e-mail address of visitors to our Web Site. The information collected is used solely for internal review and not shared with other organizations for commercial purposes.
5. INFORMATION PURPOSE AND DISSEMINATION
Tracking information is collected and analyzed so that we may improve our service offerings to our users. This tracking information is kept confidential. We may share personally identifiable information about you to other companies or people when one or more of the following conditions apply:
- We have your consent to share information;
- We need to share your information to provide the product or service you have requested;
- We need to send the information to companies who work on our behalf to provide a product or service to you. Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us;
- We respond to subpoenas, court orders or legal process; or
- We find it necessary to protect and defend our legal rights or property.
In addition, in the event of a transfer of ownership of HeartSine such as acquisition by or merger with another company, we will provide notice before any personally identifying information is transferred and becomes subject to a different privacy code.
7. SPECIFIC INFORMATION USAGE
Registered users may receive additional announcements from us about products, services, special deals, and a newsletter. Out of respect for the privacy of our users, we present the option to not receive these types of communications.
The information we collect may be used to create customer profiles based on browsing or purchasing history. We will not supplement information collected at our Web Site with data from other sources.
We may share data with the following third parties to fulfill customer orders, including shipping companies and credit card companies.
8. PROBLEM RESOLUTION
If problems arise, users may contact HeartSine by contacting us by any of the means found at the bottom of this policy. We are committed to resolving disputes within a reasonable time frame.
9. INFORMATION SECURITY
We restrict access to your personally identifying information to employees who need to know that information in order to operate, develop or improve our services.
10. REVIEWING, UPDATING OF REMOVING YOUR INFORMATION
Users may access their own personal information and contact us about inaccuracies they may find.
11. CHANGES TO THIS POLICY
12. CONTACT INFO
HeartSine may be contacted by mail or email using the information on the Contact Us page.