Terms of Use
This website, www.hearledself.com (the “Website”), is owned and operated by Catherine Rosevelt (referred to herein as “CR”). Before using the Website, carefully read these Terms of Use, and the Privacy Policy (also available on the Website).
1. ACKNOWLEDGEMENT
By using the Website, you acknowledge your agreement to these Terms of Use. You may not use this Website if you do not agree to these Terms of Use.
You further acknowledge that you will be subject to additional guidelines, terms, conditions and agreements (collectively “Other Agreements”) applicable to any other Heart Led Self / CR services you use.
In the event these Terms of Use conflict with any Other Agreements, these Terms of Use shall control.
2. CONSIDERATION
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.
3. PRIVACY AND YOUR ACCOUNT
Please review the Privacy Policy which also governs your visit to the Website, to understand our privacy practices.
4. YOUR ACCOUNT; PROTECTION OF YOUR ACCOUNT AND PASSWORD
CR may provide you with a unique account identification and password to enable access to and use of specific restricted areas of the Website. Any individual who accesses or uses the Website using the account and password assigned to you will be presumed to have your authorization, and CR shall have no duty or obligation to verify the identity, authority, or legitimacy of any such access or use.
YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND CR, YOU SHALL BE SOLEY LIABLE AND FULLY RESPONSIBLE FOR ALL ACCESS TO, USE OF, AND ACTIVITY ON THE WEBSITE THAT OCCURS UNDER YOUR ASSIGNED ACCOUNT ID AND PASSWORD, WHETHER OR NOT SUCH ACCESS OR USE WAS ACTUALLY AUTHORIZED BY YOU. THIS INCLUDES (WITHOUT LIMITATION) ANY COMMUNICATIONS, TRANSACTIONS, TRANSMISSIONS, AND ALL RESULTING OBLIGATIONS (INCLUDING ANY FINANCIAL OBLIGATIONS ARISING FROM PURCHASES OR OTHER TRANSACTIONS CONDUCTED THROUGH THE WEBSITE).
You bear sole responsibility for maintaining the confidentiality and security of your assigned account identification and password. You agree to promptly notify CR of any actual or suspected unauthorized use of your account credentials, any compromise of their confidentiality, or any other known or potential security breach affecting the Website. You will remain fully accountable for any and all actions, activities, or consequences that occur under your account and password.
5. RESTRICTIONS ON USE; LIMITED LICENSE; COPYRIGHT
All materials and elements available on the Website (collectively, the “Content”), including but not limited to text, logos, icons, images, graphics, photographs, audio and video recordings, digital downloads, data collections, and software, are owned by CR or by CR’s licensors or licensees. The selection, arrangement, and compilation of the Content on the Website constitute CR’s exclusive proprietary property and are safeguarded by United States copyright laws as well as applicable international copyright treaties and conventions. Similarly, all software utilized in connection with the Website is owned by CR or CR’s software providers and is protected under the same copyright laws, treaties, and conventions.
Any trademarks, service marks, logos, page headers, button icons, scripts, trade dress, trade names, or similar designations (each, a “Mark”) displayed on the Website are the proprietary intellectual property of CR, CR’s licensors, or CR’s licensees. You may not use CR’s Marks in association with any goods or services that do not originate from CR in any way that could cause confusion, or that tarnishes, disparages, or otherwise harms CR’s reputation or that of any third party. All other Marks appearing on the Website belong to their respective owners, who may or may not be affiliated with, endorsed by, or sponsored by CR.
CR hereby grants you a limited, non-exclusive, non-transferable license solely to access the Website and to make personal, non-commercial use of it for your own private purposes. Except as expressly permitted herein, no Content from this Website (or from any other website owned, operated, licensed, or controlled by CR) may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, sold, resold, or otherwise exploited for any commercial purpose.
The sole exception is that you may download a single copy of any Content CR expressly makes available for download onto one personal computer strictly for your personal, noncommercial, home use, subject to the following conditions: (a) you must retain all copyright, trademark, and other proprietary notices intact and unaltered; (b) you may not modify the Content in any way; (c) you may not use the Content in a manner that implies any affiliation with, endorsement by, or association with CR products, services, or brands; and (d) you may not download Content in a way that circumvents or avoids the need for future downloads from the Website. Any use of Content on another website, network, or computer environment is strictly forbidden.
The limited license granted above does not, and specifically excludes, any permission or right to: engage in resale or any commercial exploitation of the Website or its Content; collect, compile, or use product listings, descriptions, images, or pricing information; create derivative works based on the Website or Content; download or copy information for the benefit of another person or entity; or employ data mining, scraping, robots, spiders, or any automated or manual data-gathering/extraction tools. You are prohibited from framing or employing framing techniques to enclose any Mark, Content, or other proprietary information, or from using meta tags or hidden text incorporating any of CR’s intellectual property, without our prior express written permission and, where applicable, the written permission of the relevant owner.
Any unauthorized use of the Website or its Content will immediately and automatically terminate the limited license granted herein. CR also grants you a limited, revocable, non-exclusive right to create a simple hyperlink directly to the Website homepage, provided that the link does not in any way misrepresent CR, our licensors or licensees, or their products or services in a false, misleading, derogatory, defamatory, or otherwise objectionable manner. You may not incorporate any of CR’s Marks or other intellectual property into the hyperlink itself without CR’s express prior written consent and, if applicable, the written consent of the relevant owner.
6. RESTRICTIONS REGARDING MINORS
Although CR may sell products for minors, all sales are made exclusively to adults who are able to provide a valid, acceptable payment method (such as a credit card). If you are under 18 years of age, you are permitted to access or use the Website only if a parent or legal guardian is involved and supervising your activity. CR reserves the right, in CR’s sole discretion, to decline service, suspend or terminate any account, delete or modify any content, or cancel any order at any time without notice or liability.
7. REQUIREMENTS FOR USE OF WEBSITE
Access to and use of certain portions of the Website require a reliable Internet connection, compatible audio management software or other applications capable of downloading, storing, and playing audio or audio-visual files in MP3 or similar digital formats (collectively, the “Software”), and, for some downloadable materials, a compatible playback device (the “Device”). CR reserves the right, at any time and from time to time, in CR’s sole discretion, to alter, update, revise, or otherwise modify the system requirements for accessing or using the Website and the file formats or specifications for any downloadable content, in whole or in part, without any prior notice to you or liability on CR’s part.
You understand that obtaining Internet access, installing or using the Software, or operating a Device may involve additional charges or fees beyond any amounts paid directly to CR for Website related services or content. The Software and Devices may periodically require updates, patches, or upgrades to remain functional. The performance, availability, or functionality of the Website may be impacted by the condition, compatibility, or performance of your Software, Device, Internet service provider, or connection.
You acknowledge and agree that it is solely your responsibility to ensure your Software and Device meet all current system requirements, to obtain and install any necessary updates or upgrades as they become available, and to bear all associated costs, including, but not limited to, Internet service fees, data charges, Software licensing or upgrade fees, and Device-related expenses, without any claim, reimbursement, or recourse against CR.
8. USER CREATED CONTENT LICENSE; USER SUBMISSIONS
You are permitted to submit reviews, comments, images, photos, messages, suggestions, ideas, questions, or other materials and communications through the Website, provided that none of this content is unlawful, pornographic, harassing, libelous, infringing upon any intellectual property or proprietary rights, harmful to others, violative of privacy or otherwise inappropriate. Such content must not include or incorporate computer viruses, malware, political advertisements, commercial promotions, chain letters, bulk unsolicited messages, or any form of spam. You may not use a fictitious email address, impersonate any individual or entity, or misrepresent the source or origin of any submission.
CR reserves the right (though CR undertakes no obligation) to review, edit, or delete any submitted content at CR’s sole discretion, and CR does not routinely monitor or screen user submissions.
Do not submit any material to CR unless you intend for it to be governed by the User Created Content License outlined below. All content and materials described in the preceding paragraph, along with any other information, data, or submissions you provide to CR (whether intentionally or otherwise), are collectively referred to as “User Created Content.” By posting or transmitting any User Created Content, you grant CR (and any parties CR may designate) an unrestricted, worldwide right to use such content for any purpose whatsoever (commercial, promotional, or otherwise) without seeking additional approval from you or providing any compensation to you or any third party.
CR and CR’s designees may also use your submitted name (or any other name or identifier associated with you) in connection with your User Created Content. Without limitation, you hereby irrevocably grant CR a perpetual, non-exclusive, fully paid-up, royalty-free, sublicensable, transferable, worldwide license to use, reproduce, distribute, display, perform, transmit, publish, broadcast, stream, modify, adapt, create derivative works from, store, cache, archive, index, and otherwise exploit your User Created Content, in whole or in part, in any media format now existing or later developed, for any purpose, with or without attribution and without further notice to you (the “User Created Content License”). You agree to this license grant regardless of whether CR ultimately uses your User Created Content.
You represent, warrant, and covenant that: (i) you own or lawfully control all rights necessary to grant the foregoing license in the User Created Content you submit; (ii) all such content is accurate and truthful; (iii) its use as contemplated herein does not violate these Terms of Use, CR’s Privacy Policy, or the rights of any third party, and will not cause harm to any person or entity; and (iv) you will indemnify, defend, and hold harmless CR, CR’s affiliates, and CR’s designees from and against any and all claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to your User Created Content.
CR retains the right (but has no obligation) to monitor, moderate, edit, or remove any user activity or content. CR disclaims any responsibility or liability for User Created Content submitted by you or by any other user.
You acknowledge and agree that no confidential, fiduciary, or trust relationship exists between you and CR with respect to User Created Content, and none is created by these Terms of Use. To the extent any moral rights, neighboring rights, or similar rights exist in your User Created Content and are not already owned exclusively by CR, you waive, and agree not to assert or enforce (and will not permit any third party to assert or enforce), any such rights.
Each time you access the Website or submit User Created Content, you reaffirm and ratify the User Created Content License with respect to all such content you have previously submitted and any new content provided at that time.
9. EXTERNAL CONTENT
Please be advised that while using the Website, you may be redirected or linked to external websites that are operated and controlled by third parties, including affiliate partners, content collaborators, or other entities that may display or use CR’s trademarks, logos, or marks in connection with an affiliate or promotional relationship. Once you follow any such link and leave the Website, the destination site is no longer under CR’s control, and it may be governed by its own separate terms of use, privacy policies, and other legal notices, which you are responsible for reviewing and understanding carefully.
You acknowledge and agree that CR has no obligation to review, assess, or evaluate the content, accuracy, legality, safety, or quality of any third-party websites, their offerings, products, services, or materials. CR makes no representations, warranties, or endorsements regarding any such third-party sites, their content, or their practices. CR expressly disclaims any and all responsibility or liability for the actions, omissions, products, services, content, or any other aspect of any third-party website or entity.
While CR retains the right, at CR’s sole discretion, to remove or disable any links to or from third-party sites that appear on or connect to the Website, CR is under no duty or obligation to monitor, remove, or take action with respect to any such links.
10. IMPORTANT DISCLAIMERS; ACKNOWLEDGEMENT
The content, programs, sessions, and services available through the Website are intended solely for educational, motivational, and personal development purposes. CR is not a licensed medical doctor, licensed mental health practitioner, or provider of state-regulated healthcare services. CR’s offerings fall under alternative or complementary practices and do not constitute licensed medical, psychological, psychiatric, or legal advice.
Nothing provided here is designed to diagnose, treat, cure, mitigate, or prevent any physical, mental, emotional, or psychological condition, illness, or disorder. The information, programs, services and other offerings on the Website are not intended to serve as, and should never replace, professional medical advice, diagnosis, or treatment from a qualified healthcare provider.
You are strongly encouraged to consult your physician, licensed healthcare professional, or appropriate qualified specialist before making any changes to your health routine, diet, exercise, or wellness practices, or if you have any HEALTH-RELATED questions or concerns.
The Website and any products or services offered on or through it are not intended to replace the diagnosis, treatment, or professional guidance of a qualified healthcare provider. Not every product or service is appropriate or safe for all individuals. The providers or creators of any such products or services disclaim, and accept no responsibility or liability for, any injury, harm, damage, or loss that may result from their use.
CR provideS no representations or warranties of any kind and expressly disclaim all liability related to any health-related decisions, treatments, or actions taken based on information, content, or materials available on or accessed through this website. If you have any particular health concerns, symptoms, or conditions that require personalized medical, psychological, or therapeutic advice, you must seek guidance from a properly licensed and qualified professional, such as a physician, licensed psychologist, or other appropriate healthcare specialist. You should never ignore or delay obtaining professional medical advice from a doctor, psychologist, or other qualified health expert because of anything you read or learn on this website.
Any plan or program involving weight loss, fitness changes, dietary modifications, or health improvements carries the potential for serious injury or adverse effects. CR strongly adviseS you to undergo a thorough physical examination and obtain clearance from a licensed physician before beginning any weight loss products, services, dietary supplements, bodybuilding aids, or significant changes to your diet or exercise routine. By using any products, services, recommendations, or features on this website, you acknowledge and agree that you do so entirely at your own risk. Any suggestions regarding diet adjustments, nutritional supplements, weight reduction, or performance-enhancing products are your sole responsibility, and you should consult a physician before making such changes.
You confirm that your decision to purchase products or services, engage in any recommended activities, or use this website is voluntary, and you hereby assume full responsibility and all risks, including the risk of injury, illness, or even death, that may arise from such use or participation.
In the event of a medical emergency or mental health crisis, please contact emergency services or seek immediate assistance from a qualified professional without delay.
By visiting the Website, enrolling in any programs, or engaging with CR’s services or offerings, you confirm that your participation is entirely voluntary.
You accept full personal responsibility for your own health, safety, and wellbeing.
Individual results will vary and are not guaranteed or promised in any way.
11. WAIVER AND RELEASE; ADDITIONAL DISCLAIMER OF WARRANTIES
CR DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (EXPRESSED OR IMPLIED).
CR provides no guarantee that any features or operations within the content (including, but not limited to, content created by users) will be continuous, without interruptions, or completely free from errors. CR does not assure that any issues will be fixed, or that the Website, its servers, or the systems delivering this content are free from viruses, malware, or other damaging elements. You accept full responsibility and bear the entire expense for any required maintenance, repairs, or fixes to your own hardware, devices, or software.
CR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE ACCESSED FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
CR provides no assurances, guarantees, or warranties, whether express or implied, concerning the use of, or any outcomes resulting from the use of, any materials, products, or services available on, through, or in connection with the Website. This includes, without limitation, any content from or links to third-party websites or services. Specifically, CR makes no claims or promises about the correctness, precision, thoroughness, dependability, or safety of such items.
CR expressly disclaims any liability or responsibility whatsoever for the accuracy, completeness, reliability, or availability of any information, materials, or content found on any websites that link to or from the Website. CR makes no assurances that you will be satisfied with any products, services, or transactions you pursue or complete with third-party sites linked to or from the Website, or with any third-party information, content, or materials appearing on the Website. CR does not endorse any products, services, or merchandise offered by third parties, and has undertaken no steps to verify or confirm the accuracy, completeness, or dependability of any information, content, or materials on those external sites.
Furthermore, CR provides no representations or warranties regarding the security of any information (including, without limitation, credit card details, payment information, or other personal data) that you may be asked to submit to any third party. By using the Website, you irrevocably and unconditionally release and waive any and all claims against us arising from or related to information, content, or materials on the Website (including user created content), on linked third-party sites, or any data or information you supply to or via such third-party sites (including personal or financial information).
CR strongly recommends that you conduct whatever independent research, due diligence, or verification you deem necessary or prudent before engaging in any online or offline transaction or interaction with any third party.
You confirm that you have carefully reviewed this “Waiver and Release” section and fully comprehend that it constitutes a complete release of liability. By proceeding, you expressly agree to release, discharge, and hold harmless all Indemnified Parties (as defined below) from any and all claims, demands, actions, or causes of action. You voluntarily relinquish and irrevocably waive any right you might otherwise possess to initiate or pursue any legal proceeding against any Indemnified Party arising from or related to personal injury, property damage, or any other loss or harm.
Please note that certain state laws prohibit the limitation of implied warranties or the exclusion or restriction of specific types of damages. To the extent these laws apply to you, some or all of the disclaimers, exclusions, or limitations described in this document may not be enforceable against you, and you may be entitled to additional rights under applicable law.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless CR and CR’s licensors, licensees, successors, distributors, agents, representatives, authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees, settlement amounts, and other legal or professional expenses) that any Indemnified Party may suffer or incur as a result of, arising out of, or in any way connected with any breach or claimed breach by you of these Terms of Use.
You covenant to use your best efforts to assist and cooperate fully with CR in the defense of any such claim. CR retains the right, at our sole expense, to engage separate legal counsel and to assume the exclusive control and direction of the defense, settlement, and resolution of any matter subject to your indemnification obligations hereunder.
13. LIMITATION OF LIABILITY
Under no circumstances (including, without limitation, negligence) shall CR or any of the Indemnified Parties be held liable to you or any third party for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages (including, without limitation, lost profits, loss of data, or business interruption), personal injury (including death), or property damage of any nature whatsoever arising from or in any way related to: (a) your use of, or inability to use, the Website, any of its content, features, or functions; or (b) any act, omission, conduct, or behavior (whether online or offline) of any user of the Website or any other person or entity, even if CR has been previously informed of the possibility of such damages.
In no event shall CR’s aggregate liability to you for all claims, losses, costs, damages, liabilities, or expenses (including reasonable attorneys’ fees and costs) that you may suffer or incur, regardless of the legal theory (whether in contract, tort, including negligence, or otherwise), exceed the lesser of: (i) the amount, if any, that you actually paid us for access to or participation in any Website related activity, service, or feature; or (ii) One Hundred Dollars ($100.00).
Under no circumstances shall CR or any Indemnified Party be liable for any delay, interruption, or failure in performance that results directly or indirectly from any force majeure event or other cause outside CR’s or any Indemnified Party’s reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, riots, embargoes, strikes or other labor disputes, shortages of labor or materials, fires, floods, earthquakes, or other natural disasters, governmental actions or orders, court or tribunal orders (domestic or foreign), equipment or technical malfunctions, power outages or fluctuations, or non-performance by third parties.
Neither CR nor any Indemnified Party shall be responsible or liable for: (a) any incompatibility, malfunction, or failure between the Website and any third-party website, service, software, hardware, or equipment; or (b) any delay, error, or failure in any transmission, communication, or transaction associated with the Website.
The exclusions, limitations, and disclaimers set forth in this section and throughout these Terms of Use shall apply to the fullest extent permitted under applicable law. However, certain jurisdictions do not permit some or all of the exclusions, limitations, or disclaimers of liability contained herein, and to the extent such laws apply to you, some or all of these provisions may not be enforceable against you, and you may have additional rights under applicable law.
14. AMENDMENT
CR reserves the right to change, add, edit or delete these Terms of Use at any time without notice, in CR’s sole discretion. Your use of the Website after any such change to these Terms of Use constitutes your agreement to and acceptance of the amended Terms of Use. You are responsible for reviewing these Terms of Use for any such changes.
15. TERMINATION
These Terms of Use are effective until terminated. You may terminate these Terms of Use at any time by: (a) discontinuing your access to and use of the Website, (b) destroying all materials obtained from the Website and copies thereof, and (c) send an email notice to CR of such termination.
CR may terminate this Terms of Use in CR’s sole discretion, without cause and without notice to you. In such event, you must (a) stop accessing and/or using the Website, and (b) destroy all materials and copies thereof.
16. SURVIVAL.
The provisions of these Terms of Use shall survive termination of these Terms of Use.
17. APPLICABLE LAW.
These Terms of Use and all actions contemplated by these Terms of Use shall be governed by the laws of the State of California, in United States of America, without regard to principles of conflicts of law.
18. ARBITRATION.
Any dispute relating in any way to your visit to the Website or to services, programs, tools, or other products purchased by you through the Website shall be submitted to confidential binding arbitration in Nevada County, California. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
19. OTHER DISPUTE RESOLUTION.
Notwithstanding the Arbitration provision above, to the extent you have violated or threatened to violate CR’s intellectual property rights, CR may seek injunctive or other relief in any state or federal court in Nevada County, California and you consent to jurisdiction and venue in such courts.
20. ELECTRONIC COMMUNICATIONS.
You are electronically communicating with CR directly when you visit the Website and/or send e-mails to CR, and you consent to receive electronic communications from CR via e-mail or posted notices on the Website. You acknowledge that all electronic communications (including, without limitation, notices, agreements, terms, conditions and disclosures posted on the Website or e-mailed to you) satisfy any written communication requirement.
By accessing or using the Website and/or by sending emails to CR, you are engaging in electronic communication with CR and hereby consent to receiving all communications from CR in electronic form. This includes, without limitation, any notices, disclosures, agreements, terms, conditions, or other information that CR may deliver to you via email or by posting on the Website.
You agree and acknowledge that such electronic communications fully satisfy any legal requirement that communications, notices, or agreements be provided to you in writing.
21. RIGHT TO DISCONTINUE, AMEND WEBSITE.
CR may discontinue the Website at any time and for any reason, without notice. CR may change the contents, operation, or features of the Website at any time for any reason, without notice.
22. RELATIONSHIP.
ou agree that no joint venture, partnership, employment, or agency relationship exists between you and CR as a result of these Terms of Use or your use of the Website.
23. ADMISSIBLE EVIDENCE.
A hard-copy printout of these Terms of Use, along with any notice or communication delivered in electronic format, shall be admissible as evidence in any judicial, arbitral, or administrative proceeding arising out of or connected with these Terms of Use, to the same degree and under the same evidentiary standards as other business records or documents that were originally created and kept in printed form.
24. FAILURE TO ENFORCE; NO WAIVER.
CR’s failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of CR’s right to enforce any other provision of these Terms of Use as to that breach or any other.
25. UNENFORCEABLE PROVISIONS.
If any provision of these Terms of Use is deemed invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
26. ENTIRE AGREEMENT.
These Terms of Use constitute the entire agreement between you and CR regarding the Website and supersedes any prior agreement about the Website.