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Terms of Use


These Terms of Use (“Terms of Use”) govern the terms and conditions of your access and use of the web site and services at the “Web Site” (as defined below) of the HeartMastery division of HeartMath LLC (“we” or “us”) and are a legal agreement made between you ("you" or “yourself”), and us. By selecting the “Accept” button or using or accessing the Web Site, you agree to be bound by these Terms of Use.

1. General Information

This site is provided for the benefit of the general public who wish to learn more about the HeartMath® system and its HeartMastery™ programs. If you sign up for free services or register for a class, course, webinar or subscription service, you are considered to be a member of HeartMastery.

2. Medical and Testimonial Disclaimers

The emWave® products and HeartMath techniques are intended as tools for stress reduction, optimal performance and resilience. Although these products and the techniques are believed to be very safe and have potentially great benefit, no medical benefits or cures are expressed or implied. The products and the techniques are not to be used as, or used in lieu of, any course of medical or psychological treatment. None of the feedback provided by the products is to be interpreted as medically or psychologically diagnostic. This feedback is not an objective or direct measure of any specific psychological, emotional or spiritual state.

This Web Site may contain testimonials which provide the perspective of individuals who are successful and/or enthusiastic about their experience. Testimonials are not representative of everyone’s experience and only provide information about the individual’s experiences as to the point in time when they are provided. Testimonials may have been edited for clarity or brevity. No one has been paid to share their stories.

Members of HeartMastery who are affiliates refer people from other sites to this Web Site and are compensated for relevant sales on or via this Web Site. If any testimonial is provided by an affiliate of HeartMastery, this will be so noted in the testimonial.

3. Privacy

Your email address is required to receive free services or at sign up for a class, course, webinar or subscription but will not be shown on the Web Site unless you choose to display it.  Your use of any of the Web Site is subject to our Privacy Policy as in effect from time to time, available at www.heartmath.com, which is incorporated herein by reference.

4. Classes, Courses, Webinars and Subscriptions

To register for a class, course, webinar or subscription service, you will be required to click to “Accept” these Terms and Conditions plus any additional terms specific to the desired service.  

If you subscribe to private coaching sessions at an additional charge, you will need to give at least twenty-four (24) hours advance notice should you need to change the scheduled session time. You must pay in full for any session that is missed or is cancelled or rescheduled on less than twenty-four (24) hours advance notice.  All rescheduling is subject to coach availability.

 

5. Sharing Your Content and Information

You own all of the content (as defined below) and information (as defined below) you post (as defined below) on the Web Site, and you can control what is shared by using the sharing controls on the Web Site. In addition:

  1. For content, you hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use , reproduce, create derivative works of, publicly perform, publicly display, transfer, distribute, and publish any or all of your content, in any media or technology now or hereafter known. Such license ends when you delete all of your content or your account unless your content has been shared with others, and they have not deleted it. 
  2. By submitting your content, you warrant to us that you have all necessary rights to each and every item of the content (whether text, graphics, images, videos, or audios) which you have submitted, and that such submission and our use does not violate any copyright, trade secret, privacy, publicity or contract rights of any person.
  3. When you delete your own content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that deleted content may persist in backup copies for a reasonable period of time (but will not be available to others).
  4. When you publish content or information on the Web Site everyone, including people not a member of the Web Site, will have access to the same and we do not have control over what they do with it.  By posting on the Web Site, you are consenting to receive emails or other contacts from other users of the Web Site and from other internet users who may view and respond to such postings.  If you choose to make available any of your personally identifiable information on the public areas of the Web Site, you do so at your own risk.
  5. We always appreciate your feedback or other suggestions about the Web Site.  We may provide forms or mechanisms for you to provide feedback or other suggestions about us or our suppliers’ products and services (“Responses”), and accordingly, we may use any Responses in any way without compensation to you, including in future versions of our products or services, and/or our advertising or promotions. You hereby grant us a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, transferable, and sub-licenseable license to use, reproduce, create derivative works of, publicly perform, publicly display, transmit, and distribute, all or any portion of the Responses, as well as your name, likeness, and voice, in any manner and for any purpose in any media or technology now or hereafter known.

 

6. Live Discussions and Recording of Classes, Courses, and Webinar Videos; Limited Right to Use

  1. Our classes, courses and webinars may include live discussions with and among members.  Live discussions are recorded and later made available on or via this Web Site to those attending the discussions. By clicking to “Accept” these Terms of Use, you understand that anyone else may purchase and/or listen to the recordings. You are not required to speak or identify yourself in a live discussion.  Your participation (as well as your name, likeness and voice) in live discussions is deemed a Response and is licensed to us under Section 5(e) above.
  2. We grant you a limited, nonexclusive, non-transferable, revocable right during the term of these Terms of Use to use the Web Site solely for your personal, non-commercial purposes, subject to your payment of applicable charges and compliance with the other terms and conditions of these Terms of Use.  We reserve all rights not specifically granted under these Terms of Use. 

The webinar videos are available as downloadable files. By purchasing access to the webinar videos you confirm that you are not licensed or authorized to transcribe, share, distribute or sell the material.

 

7. Safety and Acceptable Use Policy

We do our best to keep the Web Site safe, but we cannot guarantee it. We need your help to do that, which includes your agreement that you shall not:

  1. post content or information or take any action on or via the Web Site that infringes or violates someone else's rights or otherwise violates the law.  This includes posting another person’s or company’s copyrighted or trade secret document, audio or video without their permission; posting images or videos of an identifiable person without that person’s permission; inciting or providing instructional information about illegal activities; defaming, stalking, or threatening others; or violating consumer protection, anti-discrimination, false advertising or other laws.  Among other things, if you repeatedly infringe or violate other people's rights, we reserve the right to disable your account. 
  2. post anyone's identification documents or sensitive financial, medical or therapeutic information on or via the Web Site.
  3. send or otherwise post unauthorized commercial or bulk communications (such as spam) on or via the Web Site. 
  4. advertise or offer to sell any goods or services for any commercial purpose without our written consent;
  5. collect users' content or information, or otherwise access the Web Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  6. create user accounts by automated or fraudulent means;
  7. engage in unlawful multi-level marketing, such as a pyramid scheme, on the Web Site.
  8. upload or transmit viruses or other malicious code on or via the Web Site.
  9. solicit login information or access an account belonging to someone else.
  10. bully, intimidate, or harass any user.
  11. post content that is tortious, hateful, defamatory, threatening, obscene, indecent, pornographic, invasive of another's privacy, or that contains nudity or graphic or gratuitous violence or is racially, ethnically or otherwise objectionable, or that otherwise could result in civil or criminal liability.
  12. offer any survey, contest, giveaway, or sweepstakes ("promotion") on the Web Site without our prior written consent at our sole discretion. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
  13. use the Web Site to do anything unlawful, misleading, malicious, or discriminatory.
  14. impersonate any person or entity, including, but not limited to, a representative of us, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  15. do anything that could disable, overburden, or impair the proper working of the Web Site, such as a denial of service attack.
  16. rent, lease, loan, share, sell or sublicense, republish, distribute (for example, in other media), the Web Site or your login or password for any purpose, or modify or create derivative works of the Web Site, unless you have our written consent, and in particular, you may not mirror or cache the Web Site.
  17. facilitate or encourage any violations of these Terms of Use.
  18. use any of our or other members’ content or materials for any purpose other than for your own personal, non-commercial use, unless authorized by us in writing.
  19. teach any of the content or materials in any training or teaching context with others.

We can disable your account and/or remove any content or information you post on the Web Site if we believe that it violates the above.

The Web Site, content, information, or third parties may provide links to other content, information, internet sites or resources.   Because we have no control over such items (apart from our own other content and sites), you agree that you must evaluate, and bear all risks associated with the use of any such items, including any reliance on the accuracy, safety, completeness, or usefulness of such items.  You acknowledge and agree that we do not endorse and are not responsible or liable for such items or other materials on or available from such items.

 

8. Registration and Account Security

 You agree to provide true, current and complete information about yourself on our registration forms, and to maintain and promptly update such information.  It is your responsibility to (a) obtain and pay for all equipment and third-party services (e.g., computer and Internet access) required for you to access and use the Web Site and (b) maintain the security of your password.  You agree to notify us immediately of any unauthorized use of your password or any other breach of security known to you.

We may establish or revise from time to time at our discretion general practices and limits concerning your use of the Service, such as the maximum amount of storage space or bandwidth you may use.

 

9. Termination

We reserve the right to terminate or suspend your use of any or all of the Web Site, and general access to any content without prior notice, if you engage in any conduct that we believe: (a) violates the letter or spirit of any term or provision of these Terms of Use, (b) violates the rights of us or third parties, or (c) is otherwise inappropriate for continued access and use of the Web Site.

In addition, we may terminate any account if that account has been inactive for more than six (6) months.  You may also delete your account at any time. In all such cases, these Terms of Use shall terminate. Upon termination, you will not receive refunds for any past services you have received.

You have the right to terminate any of your courses, classes, webinars or subscription services prior to the end of the relevant term. There are no refunds for courses, classes or webinars. For early termination of a subscription, you will be billed the full monthly fee for the month of termination and for one additional month in order to cover administrative costs. Should you decide to terminate your membership, you will need to send a written confirmation to:

support@heartmastery.com

Except as specified above, no fees for services are refundable.

You agree that we have no responsibility or liability for any content or information or the deletion, corruption, or alteration of, or failure to store any content or information.

 

10. Modifications to these Terms of Use and to the Web Site

We reserve the right at any time to modify any portion of the Web Site without notice. We may amend these Terms of Use at any time by (a) posting revised Terms of Use on the Web Site, and/or (b) sending information regarding the amendment to your email address of record with us.  You shall be deemed to have accepted such amendments by continuing to use the Web Site after such amendments have been posted or information regarding such amendments has been sent to you.  If you do not agree to any such amendments, you may terminate these Terms of Use and immediately cease all use of the Web Site.

 

11. Disputes

  1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms of Use or the Web Site exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods is disclaimed.  You agree to submit to the exclusive personal jurisdiction of the courts located in Santa Clara County, California.
  2. You agree to indemnify and hold harmless us and each of our officers, directors, employees, agents, and suppliers from and against any and all losses, liabilities, expenses (including reasonable attorneys' fees and costs) and damages arising out of claims based upon use of your account, the Web Site or your content or information, including any violation of these Terms of Use by you or any other person using your account.
  3. WE TRY TO KEEP THE WEB SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WEB SITE (INCLUDING BUT NOT LIMITED TO ALL CLASSES, COURSES, WEBINARS, AND SUBSCRIPTION SERVICES OFFERED OR AVAILABLE VIA THE WEB SITE) "AS IS" AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEB SITE WILL BE UNINTERRRUPTED, ERROR-FREE, SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST REVENUES, PROFITS, OR SAVINGS OR OTHER CONSEQUENTIAL, PUNITIVE, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   THE ENTIRE LIABILITY OF US AND OUR SUPPLIERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE OR ANY BREACH OF THESE TERMS OF SERVICE ARE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF THE WEB SITE. YOU HEREBY RELEASE US AND EACH OF OUR SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEB SITE OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

 

12. Definitions

  1. By "the Web Site" we mean the features and services we make available through (a) our website at the URL www.heartmastery.com;  (b)all classes, courses, webinars and subscription services offered or available via such URL; (c) all sub-domains, international versions, widgets, and mobile versions thereof; and (d) other media, software (such as toolbars or widgets), devices, or networks now existing or later developed for use with the foregoing.
  2. By "information" we mean facts and other information about you, including actions you take on the Web Site.
  3. By "content" we mean anything you post on the Web Site that would not be included in the definition of "information," Including but not limited to data, text, software, music, audio, photographs, graphics, video, messages, links, tags, comments  and other materials.
  4. By "post" we mean post on the Web Site or otherwise make available to us.

 

13. General Terms

  1. These Terms of Use constitute the entire agreement between the parties regarding the Web Site, and supersede any prior agreements or understandings.  Usage of our emWave® and other products is governed by their separate end user license agreement.
  2. If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. Our failure to enforce any of these Terms of Use will not be considered a waiver.
  4. Any amendment to or waiver of these Terms of Use must be made in writing and signed by us.
  5. You will not assign or otherwise transfer any of your rights or obligations under these Terms of Use to anyone else without our consent, and any attempt to the contrary is void.   Subject to the preceding sentence, these Terms of Use benefit and bind the respective successors and assigns of the parties. 
  6. These Terms of Use do not confer any third party beneficiary rights.
  7. Under no circumstances shall we or our suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, or causes beyond our or their  reasonable control, including, without limitation, Internet, telecommunication and utility failures; equipment failures; strikes; labor disputes; riots; insurrections; civil disturbances; shortages of labor or materials; fires; floods; storms; explosions; acts of God; war; governmental actions, or non-performance of third parties.
  8. The Web Site and our other products and services are not offered to anyone under the age of thirteen (13).
  9. You agree that all programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, patents, other intellectual property and materials comprising the Web Site are wholly owned by us and/or our suppliers except where expressly stated otherwise.
  10. Sections 2, 5, 6(a), 7, and 11 to 13 inclusive of these Terms of Use shall survive the termination of your account or access to the Web Site or other expiration or termination of these Terms of Use. 

 

14. Notices of Infringement

Persons who believe that their copyrights or other intellectual property rights have been infringed via the Web Site may notify our Designated Agent. All notices must comply with the requirements of U.S. Copyright Act Section 512(d) and regulations promulgated thereunder, as amended. Such notices not complying with these requirements will be returned unprocessed.   Also, please indicate the specific content, and Web Site URL.  Designated Agent and Address of Agent:

Attn: Copyright Designated Agent

ChrisJacob

VP of Finance and Operations
Telephone: (800) 450-9111
Telephone: (831) 338-8700 (International)
E-Mail: info@heartmath.com

Effective Date of This Version: June 4, 2010

Copyright © 2017 HeartMath LLC. All Rights Reserved.