TERMS OF USE
Date of Last Revision: September 15, 2022.
Welcome to Hearth Healing LLC (“Hearth,” “Our,” “Us,” or “We”)! We are a Colorado limited liability company that provides informational and educational services and resources related to postpartum pelvic health (collectively, the “Services”). We own and operates this website (the “Site”). These Terms of Use (the “TOU”) describe you, the user’s (“You,” “Your,” or the “User”) rights and responsibilities with regard to the Site, as well as Your and Our obligations in regard to the request, provision, and payment for Our Services.
You understand and agree that these TOU are entered into between you and Hearth. If you do not accept and agree to be bound by these TOU, you are not authorized to access or otherwise use the Site, Services, or any information or Content provided through the Site or Services.
We work hard to continually update the Site and Services. We reserve the right to review, amend, edit, alter, or remove any part of these TOU in Our sole discretion at any time and without prior notice to you. You should check the TOU from time-to-time when you use the Site or Services to determine if any changes have been made. Any changes to these TOU are effective upon posting to the Site. Unless otherwise indicated, any new Content (as defined below) added to the Services is also subject to these TOU upon posting to the Site. If you disagree with these TOU, your sole and exclusive remedy is to discontinue your use of the Site or Services, subject to applicable legal obligations. Your continued use of the Site or Services after a change has been posted constitutes Your acceptance of the changes, and You agree Hearth shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or Services.
PLEASE READ THESE TOU CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, A RELEASE AND WAIVER OF LIABILITY, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION RATHER THAN IN A COURT OF LAW. UNDER THESE TOU AND COLORADO LAW, PUNITIVE DAMAGES, APPEALS, AND JURY TRIALS WILL NOT BE AVAILABLE IN THE REQUIRED ARBITRATION.
SERVICES
Our Services include:
Consultation services related to postpartum pelvic issues, provided by synchronous communication (phone or video conference) as well as in-person;
Provision of educational information and resources related to postpartum pelvic health, including via access to third-party information and links;
Recommendations of potential issues as supplementation to Your care with Your PCP, a licensed pelvic physical therapist, or other licensed healthcare professional;
Individualized and Group presentations on the above;
The creation of an individualized information plan related to the above Services and issues;
Administering, scheduling, and receiving payment for Our Services; and
Providing Users access Our Services via the Site.
In order to qualify to use Our Services, the following must all be true:
You are age 18 or over, or You are a minor with specific parental or guardian consent to use the Services.
You or Your parent or guardian, as applicable, agree to be legally bound by and comply with these Terms of Use.
You understand and agree that satisfying the above requirements does not guarantee You will be able to participate in Our Services. We reserve the right to change or include new requirements at any time as We deem fit in Our sole discretion.
PRIVACY POLICY
Hearth understands the importance of confidentiality and privacy regarding Your personal information. Please see Our Privacy Policy for a description of how We may collect and use Your personal data. We incorporate Our Privacy Policy into these TOU by reference, each part of that Privacy Policy also constituting a term of these TOU.
YOUR RELATIONSHIP WITH HEARTH
No Professional Services. The Services are not Professional, Licensed, or Healthcare Services. Some of Our owners and employees may be licensed professionals. None of these persons provides Services through or for Hearth that are professional in any manner. All health-related information contained within or integrated into the Services is intended only to be general or educational in nature and should not be considered or used as a substitute for a visit with a healthcare professional of Your choice and specific to Your needs. We do not assume any responsibility for how You use any such information. To the contrary, Our Services are in addition to, and designed to be a supplementation to, Your medical care. We encourage You to use Our Services in coordination with Your PCP, pelvic physical therapist, or other licensed healthcare provider as you deem fit.
No Professional Relationship. Because Our Services are not professional or licensed, You are not entering into any protected or professionally-licensed relationship with Us or Our providers, and the rules and regulations applicable to those relationships, including but not limited to patient protections, non-abandonment, confidentiality, and certain privileges, do and will not apply.
Non-Coverage by Insurance. The Services are not reimbursable through health insurance. Unless prior agreed by a third-party (e.g., your employer), You are independently responsible for all fees and amounts related to Our Services.
Voluntary Participation. Your participation in the Services is at all times voluntary. You have the exclusive right to choose whether to remain or cease participation at any time, although You will remain responsible for any costs related to Services incurred prior to Your termination.
ORDERS; PAYMENT
To the extent the Services or any portion of them are made available to You for a fee, You will be required to provide Us information regarding Your credit card or other payment instrument. You represent and warrant such information is true and accurate, and that You are authorized to use the payment instrument. You agree to pay all fees due for Services You order. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your request, You authorize Us, Our affiliates, or Our third-party payment processors to charge the amount due. In the event Your credit card is expired or Hearth, Our affiliates, or Our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. Subject to Your individual Services agreement, if any, Hearth does not have any obligation to provide any Services unless and until full payment has been received or verified, as applicable and subject to these TOU. We reserve the exclusive right to change Our prices without limitation or any prior notification to You. Your continued use of the Services after a price change becomes effective constitutes Your agreement to pay the changed or charged amount.
USER INFORMATION
You may have to register or provide certain User, personal, or contact information (collectively, “User Information”) in order to access certain parts of the Site or Our Services. You agree to provide information that is accurate, complete and correct about Yourself. We will at all times maintain and use User Information in accord with Our Privacy Policy. If We have grounds, in Our reasonable and sole discretion, to suspect Your information is incorrect, misleading, outdated, or false, We have the right to suspend or terminate Your use of the Site and Services, or to ask You to correct it with applicable suspension until You do. You agree to immediately notify Us of any unauthorized use of Your User Information in any way or of any other breach of security that You become aware of involving or relating to the Services. To report such an issue, please email Us at [email]. Hearth may take any and all actions Hearth deems necessary or reasonable to maintain the security of the Site, Services, and Your User Information.
You are responsible for any and all activities occurring in association with Your use of the Site and Services, including while providing User Information to Us. Please be sure to save and keep safe any confidential or proprietary User Information, including but not limited to any credit card or password information. If You think Your User Information has been compromised, You are exclusively responsible for promptly changing Your password. You may not transfer or share Your password with anyone. You may not use anyone else’s User Information at any time unless You first obtain direct authorization from that person. Hearth explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
USER OBLIGATION
You represent You are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting Our Services under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are under 13 years of age, You are not authorized to use the Site or Our Services. If You are between the ages of 13 and 16 years old, You may use the Site and Our Services solely with the approval of Your parent or legal guardian. You may not independently purchase anything from Our Site or through Our Services unless You are at least 18. You agree that Your use of the Site and any uses of any Services or its Content are subject to Your agreement with all of these TOU as well as Our Privacy Policy, which is incorporated into these TOU by reference. You agree You will not violate any local, state, federal, or international laws in using this Site or accessing any information or material within or through the Site.
TECHNOLOGICAL AND FINANCIAL REQUIREMENTS FOR USE
You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to Your use of the mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses You incur in relation to Your use of the Site or Services.
SITE CONTENT
All information on this Site and within Our Services is intended to be general, informational, educational, or marketing in nature. None of the information You receive or obtain through the Site or Our Services should be considered professional advice. Hearth assumes no responsibility or liability for how You use information obtained from this Site or Our Services. Any views, information, or opinions expressed in linked items, websites, or embedded materials on the Site are solely those of the individuals making them, and may not represent those of, and should not be attributed to Hearth, its owners, affiliates, contractors, agents, representatives, or employees. Hearth is not responsible and does not verify for accuracy any of the information presented by third parties. Hearth likewise does not assume any liability, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, in such information, including any views or opinions expressed by third parties within it. Before making any decisions regarding Your healthcare, please consult Your PCP or other healthcare professional.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE IMEDIATELY CALL EMERGENCY PERSONNEL (911), THE SUICIDE AND CRISIS LIFELINE (988) OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT RELY ON ELECTRONIC COMMUNICIATIONS OR THIS SITE FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL OR MENTAL HEALTH NEEDS.
OWNERSHIP OF INFORMATION SUBMITTED THROUGH THE SITE
With the exception of any personal data or information You submit maintained in accordance with Our Privacy Policy or an applicable, individual agreement with Hearth, You understand and agree that any information You provide to Hearth on or through the Site or Services, whether by direct entry, submission, email, or otherwise, including, but not limited to, data, questions, comments, product reviews, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become Our property. Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting without notice to You or payment for it or any use of it. Hearth shall be free to use any ideas, concepts, know-how, or techniques contained in any communication You send to Hearth via the Services or by any other means for any purpose whatsoever.
OWNERSHIP OF SITE, CONTENT, TRADEMARKS, AND TRADE SECRETS; NO LICENSE
As between Hearth and You, Hearth is the sole and exclusive owner of all right, title, and interest in and to the Site and its content, features, information, and functionality, including but not limited to all intellectual property and ideas on the Site and the associated rights therein, as well as any suggestions, ideas, or other feedback You provide Us (collectively, the “Content”). You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content except as generally and ordinarily permitted through the Site according to these TOU. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by Hearth or its successors, licensors, or licensees, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Site or Content. Nothing in these TOU or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site or Services, Content, or Our other intellectual property, except as expressly stated herein, as permitted by applicable law, or with an express license granting such rights. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos of Hearth or its affiliates (Our “Marks”). You are not authorized to use any Marks without Hearth’s express written permission. Ownership of all such Marks and the goodwill associated with them remains with Us or Our affiliates, as applicable.
ACCEPTABLE USE
Subject to Your compliance with these TOU, Hearth grants You, the Site User, a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site and Services solely for Your personal and non-commercial use, and solely as permitted under these TOU and Our Privacy Policy. Any unlawful use of this Site or the Services or use inconsistent with these TOU is prohibited and will result in, at a minimum, an automatic termination of this license. Hearth and its affiliates expressly reserve all rights, title, and interest not expressly granted herein. We further reserve the right, in Our sole and exclusive discretion, to deny or suspend use of the Site or Services to anyone for any reason.
Except as Hearth expressly authorizes, You agree You will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or Our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site, Services, Content, or related materials in any way; (g) use or access the Site to create or develop competing services or for any other purpose that is to Hearth or its affiliates’ detriment or commercial disadvantage; (h) take any action or use the Site in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner Our Site or any Content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure Hearth or its service providers implement or have implemented to protect the Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, trade secret, patent, or other intellectual property or proprietary rights notices from Our Site or any Content; (l) use any manual process or automated device to monitor or copy any Content for any unauthorized purpose; (m) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Hearth or third-party content from the Site; (n) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (o) use the Site, Services, or Content in any manner that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, or manifests hatred or physical harm of any kind against any group or individual), or otherwise post objectionable material of any kind or nature or which is harmful to minors in any way; (p) otherwise use the Site in any manner that exceeds the scope of the license granted above; or (q) encourage or enable any other individual to undertake any of the conduct listed in this section.
LINKS TO THIRD-PARTY WEBSITES
The Site may contain hyperlinks or references to other websites, posts, blogs, videos, or other third-party online material (collectively, the “Linked Sites”). You may have arrived at the Site through a Linked Site. Linked Sites may not be under Our control, and We are not responsible for the information, products, policies, or services described on or governing such Linked Sites, or for the content of any Linked Site. We are providing Linked Sites to You only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your Own risk, and You agree and understand We are not liable to You in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
SITE ACCESS; TERMINATION
Subject to the “Survival” provision below, these TOU will remain in full force and effect as long as You continue to access or use the Site or the Services. You may terminate the TOU at any time by discontinuing use of the Site or Services, as applicable. Your permission to use the Site automatically terminates if You violate these TOU. Hearth reserves the right to prohibit, restrict, suspend, discontinue, or terminate Your access to the Site or Our Services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in Our sole and exclusive discretion. Including but not limited to for Your violation of these TOU.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE YOUR USE OF THE SITE IS AT YOUR OWN RISK. HEARTH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE PROVISION OF THE SITE, OUR SERVICES, THE ACCURACY OR COMPLETENESS OF THE SITE, THE SITE CONTENT, OUR SERVICES, OR INFORMATION LINKED THROUGH THE SITE, INCLUDING THE LINKED SITES. YOU ACKNOWLEDGE AND AGREE HEARTH PROVIDES THE SITE AND SERVICES "AS IS" AND ON AN "AS AVAILABLE" BASIS, SUBJECT TO APPLICABLE LAW.
HEARTH AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, CONTRACTORS, INSURERS, SUBSIDIARIES, AFFILIATES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SITE CONTENT, AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER HEARTH NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR YOUR MISUSE OF SITE CONTENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE, SITE CONTENT, AND LINKED SITES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL HEARTH OR ITS RELATED PERSONS, LICENSORS, OR LICENSEES BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE, SITE CONTENT, OR OUR SERVICES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES, UNLESS IT IS DEMONSTRATED THAT SUCH INJURIES, DAMAGES, OR LOSSES WERE DIRECTLY CAUSED BY OUR RECKLESS OR INTENTIONAL CONDUCT. THIS IS TRUE EVEN IF HEARTH OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The foregoing sections entitled, “Disclaimer of Warranties” and “Limitation of Liability” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under applicable law and the remainder of these TOU shall remain in full force and effect.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Hearth and its Related Persons from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorney fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, Your use of Content, Services, or the Site, in an unauthorized manner, including but not limited to via fraud, violation of law, willful misconduct, or any breach by You of these TOU.
GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION, VENUE, AND SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND HEARTH TO RESOLVE ALL DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HEARTH.
These TOU and Your use of the Site shall be governed by the laws of the State of Colorado, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these TOU will be resolved exclusively by final and binding arbitration with Judicial Arbiter Group (“JAG”) in Chaffee County, Colorado under JAG’s rules current to the date of the commencement of the arbitration, except that either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, or may bring a small claims case if the claim qualifies. The parties agree the courts located in Chaffee County, Colorado shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any valid court claim under these TOU as well as any enforcement of an arbitrator’s final judgment. EACH PARTY HEREBY AFFIRMATIVELY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL OR TO APPEAL, IN ACCORD WITH SUCH ARBITRATION. BY AGREEING TO THESE TOU, YOU AGREE TO INDIVIDUALLY, AND NOT AS A MEMBER OF ANY CLASS OR CLASS ACTION, ARBITRATE AGAINST HEARTH REGARDING ANY CLAIM OR DISPUTE, YOU AGREE TO WAIVE ANY TRIAL BY JUDGE OR JURY, YOU WAIVE ANY RIGHT OF APPEAL AND ANY RIGHT TO ACCESS PUNITIVE DAMAGES. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING APPROPRIATE JURISDICTION AS GOVERNED UNDER THESE TOU.
All parts of these TOU apply to the maximum extent permitted by law. Hearth and You both agree that if a party cannot enforce a part of this agreement as written, then that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these TOU will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
NO WAIVER
No waiver by Hearth of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Hearth to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
THE PARTIES’ RELATIONSHIP
Neither these TOU, nor any Content, materials or features of the Services create any partnership, joint venture, employment, fiduciary, or agency relationship between Us and You. You may not enter into any contract on Our behalf or bind Us in any way.
REMEDIES
You agree any violation, or threatened violation, by You of these TOU constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate for such potential harm, irrespective of Our agreement to arbitrate. You agree You do not have any opportunity for injunctive or equitable relief and that Our remedies in this provision are in addition to any other remedies We may have under these TOU, or otherwise at law or in equity.
ASSIGNMENT
You may not assign any of Your rights under these TOU, and any such attempt will be null and void. Hearth and its affiliates may, in their exclusive discretion, transfer, without further consent from or notification to You, all rights and obligations pursuant to these TOU if some or all of the business of Hearth is transferred to another entity by way of merger, sale of its assets, or otherwise.
SURVIVAL
The following provisions survive the expiration or termination of these TOU for any reason whatsoever: Your Relationship with Hearth, User Information, User Obligation, Ownership of Information Submitted through the Site, Ownership of Site, Content, Trademarks, and Trade Secrets; No License, Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, and Severability of Provisions; No Waiver; Remedies; and Assignment.
DIGITAL MILLENNIUM COPYRIGHT ACT
Hearth reserves the right to remove any content or any other material or information available on or through Our Site, at any time, for any reason. Hearth otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Hearth.
Notification of Claimed Copyright Infringement. If You have objections to copyrighted content or material made available on or through Our Site, You may submit a notification to Our “Designated Agent” at the following address: [email]
Any notification to Hearth under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
An identification of the copyrighted work or other intellectual property that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the content or material that You claim is infringing and where it is located on Our Site;
Information sufficient for Hearth to contact You, such as Your address, telephone number, and email address;
A statement by You that You have a good-faith belief that the use of the content or material of which You are complaining is not authorized by the copyright owner, its agent, or the law; and
A signed statement by You that the above information in Your notice is accurate and that, under penalty of perjury, You are the copyright owner or authorized to act on the copyright owner’s behalf.
HOW TO CONTACT US
Please contact Us at the below addresses to report any violations of these TOU, to ask questions, or to provide comments regarding Our Services or the Site.
Hearth Healing LLC
PO Box 1303
Salida, CO 81201
719-626-1383