Terms of Service
By using the heartfluency.com website at heartfluency.com (“Site“) and/or any related services, programs or features made available for use through the Site (“Service“), you (“Member”) agree to and accept the terms and conditions (the “Terms of Service“ or “Agreement“) that we, AskLove.org, a project of the Hub for Direct Community Action (Company), have provided herein.
I. Terms of Service
1. Disclaimer: COMPANY, ITS AFFILIATES, AND MEMBERS PROVIDE ALL INFORMATION ON THE SITE, INCLUDING INFORMATION RELATING TO MENTAL HEALTH AND MEDICAL CONDITIONS. ALL INFORMATION POSTED ON THE SITE BY MEMBERS, COMPANY OR ITS AFFILIATES, INCLUDING QUESTIONS, RESPONSES AND STORIES, IS FOR INFORMATIONAL PURPOSES ONLY AND IN NO WAY SHOULD BE USED OR INTERPRETED AS PROFESSIONAL COUNSELING, THERAPEUTIC, MENTAL HEALTH OR MEDICAL ADVICE. COMPANY ASSUMES NO LIABILITY FOR ANY INFORMATION, STATEMENTS OR ADVICE POSTED BY MEMBERS OR COMPANY OR ITS AFFILIATES, INCLUDING ANY INACCURACIES OR MISSTATEMENTS RELATING TO SUCH INFORMATION. INFORMATION ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. MEMBER SHOULD NOT USE SUCH INFORMATION AS MEDICAL ADVICE OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MENTAL ILLNESS, THERAPEUTIC OR MEDICAL CONDITION. PLEASE SEEK THE PROFESSIONAL ADVICE OF MEDICAL OR MENTAL HEALTH PROFESSIONALS IMMEDIATELY IF YOU MAY BE SUFFERING FROM A MENTAL ILLNESS OR HEALTH CONDITION. IF YOU ARE CURRENTLY EXPOSED TO VIOLENCE, HARM OR SEXUAL ABUSE OR TRAFFICKING, OR MAY BE SUBJECT TO VIOLENCE IN THE FUTURE, PLEASE SEEK THE HELP OF PROFESSIONALS OR THE POLICE.
2. User Accounts
To use the Site and its Services, Member must create a user account (“Account“). Member may link this Account to Member’s account with a third party service (“Third Party Account“), such as Facebook or Google, in which case Company may import Member’s profile information from Member’s Third Party Account to help create Member’s Account and to enable Member, if available, to login to the Service using Member’s Third Party Account login credentials. Company may require Member to enter additional information to complete the creation of Member’s Account. Member’s Third Party Account is provided by the applicable third party service, not Company, and subject to that third party service’s separate terms and conditions. Member will promptly update all Account information to keep it true, accurate, and complete. Member will be responsible for all activities that occur under Member’s Account, username, and password and therefore Member agrees to keep Member’s password confidential. Member agrees to notify Company immediately of any unauthorized use of Member’s user name or password or if Member believes that Member’s password is no longer confidential. Company reserves the right to require Member to alter Member’s user name and/or password if Company believes that Member’s Account is no longer secure. Member will not: (a) provide any false personal information as part of Member’s Account information or in connection with the Service or Site; (b) create an Account for anyone other than Member; (c) create or use more than one Account at any given time; (d) transfer Member’s Account to anyone else; (e) permit others to use Member’s Account; or (f) use or access other Members’ Accounts.
3. User Content
Member hereby grants Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use (a) Member’s submissions in any manner and for any purpose and (b) Member’s User Content for the purposes of providing Member and other Members the Service. “User Content” means any and all entries and other content and information that a user submits to, posts on, or makes available to the Site or its Services, including any shared content. Member represents and warrants that: (a) Member has the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). Member is solely responsible for Member’s User Content.
3.2 User Guidelines
Member represents, warrants, and agrees that Member:
will comply with all applicable laws, including privacy laws and intellectual property laws;
will not post inappropriate, inaccurate, untruthful, or objectionable content to the Services or Site;
will not bully, harass or advocate harassment of another user, person or Member;
will not solicit passwords or Personal Data of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes;
will not post content that contains “spam mail”, “junk mail” or “chain letters”;
will not post content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the Services or Site;
will not use the Services or Site to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous;
will not post, upload or promote anything that is for profit or the personal financial gain of Member(s) or others;
will not promote, or upload or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not).
will not violate the guidelines listed above, any other user guidelines posted on the Services or Site, the terms of this Agreement, or if Company believes that any of Member’s conduct or content is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for Company or third parties, Company reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing such content from the Service, notifying the appropriate authorities regarding the source of such content, banning Member from accessing the Service, and terminating Member’s Account.
4. Proprietary Rights
4.1 Use of the Service
Subject to the terms and conditions of this Agreement, Company grants Member a limited, non-exclusive, non-transferable, revocable license to access and use the Service and Site solely for Member’s personal, non-commercial purposes during the term of this Agreement. Member will not: (a) permit any third party to access or use the Service; (b) rent, lease, loan, sell, license, or transfer the Service or Site to any third party or exploit the Service or Site for commercial purposes; (c) interfere with, disrupt, alter, translate, or modify the Service or Site, or create an undue burden on the Service or Site or the networks or services connected to the Service or Site; (d) reverse engineer, decompile, disassemble, or reverse compile the Services or Site; or (e) introduce software or automated agents or scripts to the Service or Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services or Site.
Company, its licensors and assignees own the Services , the Site, all content (except for Member’s User Content pursuant to Section 3.1 above) contained in the foregoing, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Service, the Site, or any other content (except for your User Content) contained in the foregoing is strictly prohibited. Company and its licensors and assignees reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement.
Company will treat any suggestions, comments, or feedback relating to Company’s business, services, and products (“Feedback“) that Member provides as non-confidential and non-proprietary. Member hereby grants Company the irrevocable, worldwide, fully transferable and sublicensable right to use and exploit any Feedback that Member provides in any manner and for any purpose without any obligation to compensate Member.
5. Third Party Websites and Services
6. Availability and Modification of Service
Company reserves the right, from time to time, to suspend, modify, or discontinue the Services or the Site, in whole or in part, with or without notice. Member agrees that Company will not be liable to Member or to any third party for any modification, discontinuance, or suspension of the Service or the Site, in whole or in part.
Member may terminate Member’s Account at any time and for any reason through the appropriate account management page on the Service or Site, if available, or by sending an email to email@example.com. Company has the right to terminate Member’s Account, immediately effective upon sending notice to Member at the email address Member provides in Member’s Account. Upon termination of Member’s Account by either party, Member’s right to access and use Member’s Account and the Service will terminate immediately. Member agrees that Company will have no liability to Member for any costs, expenses, losses, damages, or liabilities arising out of or related to Company’s termination of Member’s Account, Member’s access to and use of the Service or Site, or this Agreement. Even after this Agreement is terminated for any reason, the following provisions of this Agreement will remain in effect: Sections 1, 4.2 and 7 through 17.
8. Warranty Disclaimer
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, COMPANY PROVIDES THE SERVICE AND THE SITE “AS-IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. COMPANY DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SITE OR THROUGH ITS SERVICES. COMPANY DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE OR THE SITE.
9. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, (a) COMPANY WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST PROFITS, OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO MEMBER’S USE OF THE SERVICE, THE SITE, OR THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AND (b) COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICE, THE SITE AND THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL COMPANY’S SUPPLIERS HAVE ANY LIABILITY UNDER OR RESULTING FROM THIS AGREEMENT.
10. User Indemnification
Member agrees to indemnify and hold Company, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney’s fees, arising out of or relating to MEMBER’S: (a) User Content; (b) use of the Services or Site; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of applicable laws or any of the rights of third parties.
11. User Disputes and Release
Member is solely responsible for Member’s interactions with other Members. Company reserves the right, but has no obligation, to monitor, or take any action Company deems appropriate regarding, disputes between Member and other Members. To the extent permitted under applicable laws, Member hereby releases Company from any and all claims or liability related to: (a) any content posted on the Service or Site by Member or other Members; or (b) the conduct, whether online or offline, of any other Member.
Member hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”
12. Copyright Policy
Member may not post, distribute, or reproduce in any way any Company copyrighted material, trademarks, or other proprietary information unless Member has the right to do so. It is Company’s policy to, in its sole discretion, terminate the Account of any Member who repeatedly infringes copyright rights of Company or third parties. If Member believes that Member’s work has been copied and posted on the Service or Site in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512. At a minimum, Member must provide Company with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that Member claims has been infringed; an identification of the location on the Site or Service of the material that Member claims is infringing; Member’s address, telephone number, and email address; a written statement by Member that Member has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by Member, made under penalty of perjury, that the above information in Member’s notice is accurate and that Member is the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s Copyright Agent for notice of claims of copyright infringement can be reached by writing the Company at the Hub for Direct Community Action, PO Box 1372, Cedar Ridge, CA 95924 or by sending an email to firstname.lastname@example.org.
Company is located at PO Box 1372, Cedar Ridge, CA 95924. If Member is a California resident, Member may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
14. Electronic Communications
The communications between Member and Company use electronic means, whether Member uses the Service or Site or sends Company emails, or whether Company posts notices via the Service or Site or communicates with Member via email. For contractual purposes, Member (a) consents to receive communications from Company in an electronic form; and (b) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to Member electronically satisfy any legal requirement that such communications would satisfy if they were be in writing in hard copy format. The foregoing does not affect Member’s non-waivable rights.
15. Governing Law; Arbitration
This Agreement, and any claim, dispute or controversy relating to this Agreement, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court located in Nevada County, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
18. Trademark and Copyright Notice “The Hub for Direct Community Action”,
“AskLove”, “Ask Love”, “AskLove.org”, “Ask Love.org”, “Stop, Drop & Ask”, “Stop, Drop and Ask” and other names, slogans, graphics, logos, and trade names used on the Service and Site are the trademarks and exclusive intellectual property of the Company and may not be used without Company’s permission. Third-party trademarks, registered trademarks, service marks, trade names, product names, and company names or logos that may appear on the Service or Site are the property of their respective owners.
heartfluency.com, a Project of The Hub for Direct Community Action