- Acceptance of Terms
- Please check these Terms of Use periodically for changes. If you do not agree to the Terms of Use, please do not use the Sites. By using the Sites, you acknowledge that you have read, understood and agree to these Terms of Use. Your continued use of this Sites following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
- Credentials & Passwords
You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your access to the Sites, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords. You agree to immediately notify Heart Vibe of any disclosure to, or use of, any such user names or passwords by any other individual. Heart Vibe will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.
- Privacy Policy
Any information including personal information (e.g., your name, address, telephone number, e-mail address) you transmit to the Site(s) will be used by us in accordance with our Privacy Policy, which can be found
here.
- Use of the Sites
The Sites are not intended for use by minors and minors are not permitted to use or post on the Sites. We maintain the Sites for your informational and non-commercial personal use. Your use of the Sites for any other purpose is permissible only upon the express prior written consent of Heart Vibe. Without limiting the foregoing, you may not: (1) use the Sites in a commercial manner, including by distributing, transmitting or publishing the Sites or any content on the Sites; (2) interfere with others’ use of the Sites; (3) impair the Sites’ operation or interfere with or disrupt the servers or networks on which it operates; (4) interfere with Heart Vibe’s exercise of its intellectual property rights; (5) frame or otherwise co-brand the Sites or any content on the Sites; (6) deep-link to any portion of the Sites; or (7) use the Sites for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Sites, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
- Heart Vibe Content
You acknowledge and agree that the Sites contain certain information, such as articles, text, graphics, images, videos, links, and other materials, as well as support materials (e.g., newsletters and brochures) (collectively, “Heart Vibe Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and Heart Vibe, Heart Vibe is the owner of all such Heart Vibe Content. You may not reproduce, distribute, republish or retransmit any Heart Vibe Content or materials posted at the Sites without the prior written permission of Heart Vibe. Except as expressly authorized by Heart Vibe, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Heart Vibe Content. Notwithstanding the above, you may print or download one copy of the Heart Vibe Content or materials on the Sites on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Heart Vibe Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Heart Vibe is prohibited.
- User Content
When you post content on the Sites or provide content to Heart Vibe in connection with our Services, it belongs to you; however, you grant permission to Heart Vibe to use that Content in connection with our Sites and Services. Accordingly, you grant Heart Vibe a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit such User Content in connection with our Sites and Services. You represent and warrant that you have all the necessary rights to grant Heart Vibe the foregoing license for all User Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.
- Third Party Sites/Information
The Sites may provide links to, or information gathered from, other sites on the Internet. Heart Vibe makes no representations whatsoever about these sites or this information. Other sites linked to the Sites may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply Heart Vibe’s endorsement of any such sites or any association between Heart Vibe and these other sites’ operators. These sites are not under the control of Heart Vibe, and you acknowledge that Heart Vibe, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that Heart Vibe, its subsidiaries, its affiliates, and its licensors 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 the content, goods or services available on or through any sites linked to the Sites, or your transmission of information, including personal data, to third-parties through such other sites.
- Message Boards and Posting Guidelines.
Heart Vibe hosts message boards, chats, and other public forums on the Sites and Heart Vibe social media accounts. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Sites. These are public forums and any information that you post on the Sites may be seen by anyone on the Internet. You agree not to post any defamatory, abusive, profane, threatening, offensive, or illegal materials or information. You also agree not to post statements or materials that constitute junk mail, spam or unauthorized advertising, such as links to commercial products or services or any political campaigning. You also agree not to post any information or material protected by copyright, trademark or other proprietary right without the permission of the copyright, trademark, or proprietary right owner. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such user’s submission or post. In addition, you grant Heart Vibe and users of the Sites the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such posted information or materials.
- Disclaimer of Warranties
The Content on the Sites is for informational purposes only. ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HEART VIBE, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITES OR FROM OTHER USERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU THEREFORE EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITES IS SOLELY AT YOUR RISK. IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
Under no circumstances shall Heart Vibe, its affiliates, or its licensors be liable for any consequential damages (including, without limitation, indirect, punitive, incidental or special damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if Heart Vibe has been advised of the possibility of such damages) including, without limitation, any that result from: (i) the use of, or inability to use, the Sites; (ii) your reliance on advice, information, or other content on the Sites; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Sites; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Sites; or (vi) any other material relating to the Sites. Heart Vibe, its affiliates and its licensors shall only be liable to the extent of actual damages incurred by you, not to exceed the purchase price received by Heart Vibe for the product giving rise to the liability. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Heart Vibe has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages Heart Vibe’s liability in such jurisdictions shall be limited to the extent permitted by law.
- Indemnity
You agree to indemnify and hold Heart Vibe and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from your use or misuse of the Sites, or breach of any warranty, covenant, representation or term contained in these Terms of Use. Heart Vibe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Heart Vibe in asserting any available defenses.
- International Use
Heart Vibe makes no representation that materials or Content on the Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where the Content or materials are illegal is prohibited. If you access the Sites from locations outside of the United States you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Copyright Policy
Heart Vibe respects the intellectual property rights of others and expect visitors to its Sites to do the same. Heart Vibe will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to Heart Vibe using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
Heart Vibe reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. Heart Vibe may also terminate a user’s account if the user is determined to be a repeat infringer. Heart Vibe’s designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
[Natalie Alesi
info@nataliealesi.com]
- Modifications to Service
Heart Vibe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or some or all of the content or services offered through the Sites, with or without notice. You agree that Heart Vibe shall not be liable to your or to any third party for any modification, suspension or discontinuance of the Sites or some or all of the services offered through it.
- Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Use or your use of the Sites shall be filed only in the state or federal courts located in the State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
- Severability and Integration
This agreement, along with Heart Vibe’s Privacy Policy, constitutes the entire agreement between you and Heart Vibe with respect to the Sites and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Heart Vibe with respect to the Sites. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- Contact Information.
If have any questions or should you need any additional information about issues relating to this website and/or technical manual, please contact us at info@nataliealesi.com