SharingTheHeartoftheMatter.com
Website Terms & Conditions
Last modified: December 18, 2022
THESE TERMS AND CONDITIONS REQUIRE INDIVIDUAL ARBITRATION TO RESOLVE ANY DISPUTES. FULL DETAILS ARE PROVIDED BELOW.
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SharingTheHeartoftheMatter.com (“HotM”). The collective work includes works of authorship owned and/or authored by HotM, and may also include additional works that are licensed to HotM. Copyright © 2022, sharingtheheartofthematter.com, ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own personal, non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HotM. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
User Contributions
The site may contain blog posts permitting user remarks forums, message boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the site. All User Contributions must comply with the Use of Site standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, transferrable, royalty-free, fully paid-up right and license to use, reproduce, modify, perform, display, distribute, create derivative works of and otherwise disclose to third parties any such material for any lawful purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above, and that all of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not HotM, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Trademarks
All trademarks, service marks and trade names of HotM used in the site are the trademarks of HotM, unless otherwise indicated.
Disclaimers
This site is provided for educational and informational purposes only and does not constitute providing medical, mental health, or professional advice or services. The information provided should not be used for diagnosing or treating any health problem or disease, and those seeking personal medical advice should consult with a licensed physician.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HotM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HotM does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HotM does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
HOTM SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HOTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be terminated by HotM without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
HotM may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HotM.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to choice of law provisions. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. HotM’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HotM may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an HotM or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
HotM does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HotM is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HotM reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HotM in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless HotM, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your name, email address, Twitter account authentication, and/or Facebook account authentication.
Email Participation; Telephone Contact
You agree that by purchasing our product that you will then be eligible to receive marketing/promotional emails. Within those emails you will have the opportunity to opt out of receiving future emails. You further agree that if you provide us with a telephone number when placing an order or by establishing a user account on our website, we may contact you by telephone regarding any order that you have placed with us.
Disputes
THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FOR ANY ALLEGED BREACH OF THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. Any dispute or claim relating in any way to these terms of use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims so qualify. The Federal Arbitration Act and federal arbitration law will apply to any arbitration conducted in connection with these terms and conditions, and any such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association in Seattle, Washington. To the fullest extent permitted by law, we each agree that any arbitration or other dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and HotM, agree, to the fullest extent permitted by law, to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens, and you agree to give up any right to a jury trial in any such arbitration or other dispute resolution proceeding. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Arbitration shall not commence until the party requesting it has deposited the necessary and required deposit with the office of the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and HotM and your and HotM’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or HotM be entitled to punitive, special, indirect or consequential damages and both you and HotM hereby waive your and HotM’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue, value or business. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and HotM, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in King County, Washington.
Third-Party Links
In an attempt to provide increased value to our visitors, HotM may link to sites operated by third parties. However, even if the third party is affiliated with HotM, HotM has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HotM. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HotM seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Changes to Our Terms & Conditions
It is our policy to post any changes we make to our terms & conditions on this page. If we make material changes to our terms & conditions, we will notify you by updating the effective date of the terms & conditions on this page, which we encourage you to visit each time you use our Website. The date the terms & conditions were last revised is identified at the top of the page.
The Heart of the Matter 