Applicable To All Users
Acceptance of Terms
Any 3rd Party Content uploaded or otherwise made available by a 3rd Party is and remains the sole property of the 3rd Party or the 3rd Party licensors. By uploading or otherwise making available any 3rd Party Content, you automatically grant and/or warrant that the owner has granted HeatSpa, the perpetual royalty-free, non-exclusive right and license to use, reproduce, publish, distribute, display, and transmit the 3rd Party Content through the channel into which you have uploaded or authorized HeartSpa to upload the 3rd Party Content. You also permit any User of HeartSpa with access to that channel, subject to your restrictions, to access, view, store, and reproduce the 3rd Party Content to the same extent permitted herein. To the extent provided for in the specific terms of the governing agreement between HeartSpa and 3rd Party, 3rd Party Content may be removed, obscured, altered or modified by the 3rd Party, subject to the terms and conditions set forth herein with respect to the use of HeartSpa.
HeartSpa is to be used for the purpose of accessing the education program licensed by or for the benefit of the User(s). HeartSpa grants the User the non-exclusive, non-transferable, limited license to access, visit, use, view, and print the Content, solely for the User's own personal non-commercial use in connection with such education program, provided the User keeps intact all copyright and other proprietary notices. Use of the Content or materials for any purpose not expressly permitted in these Terms is prohibited.
Users may not (1) remove, obscure, or alter the Content in any way except as agreed to in writing by HeartSpa, (2) use Thinkific® in any manner that could damage, disable, overburden, or impair any server or the network(s) connected to any server, or interfere with any other party's use and enjoyment of HeartSpa, 3) gain or attempt to gain unauthorized access to any accounts, computer systems, or networks connected to any server through hacking, password mining, or any other means, or 4) obtain or attempt to obtain any materials or information through any means not intentionally made available through Thinkific®.
Any use of HeartSpa for the following purposes is strictly prohibited. By using HeartSpa, you agree that you will NOT
- Send, receive, or display pornographic, obscene, sexually explicit material, or any material harmful to minors
- impersonate any person or entity (through the use of their password or other means), including any employee or representative of HeartSpa
- copy or distribute content included in HeartSpa (including postings on the Message Boards, WebMail messages, or curriculum materials, including answer keys) without the owner's permission
- solicit or collect information about the Users or members of this site, especially for the purpose of transmitting, or facilitating transmission of, unsolicited or bulk electronic email or communications
- use the provided communication services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise)
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property
- solicit or collect personal information (including name, address, and phone number) from anyone under eighteen (18) years of age without verified parental consent
- display threatening or offensive material, including using swear words, offensive, vulgar, or obscene language
- display racist, prejudiced, or discriminatory messages or pictures
- violate any state or federal law
- reveal another User's or a minor's personal address, phone number, or similar information to others without their consent or verified parental consent
- violate any copyright, trademark, patent, trade secret, or other intellectual property laws or otherwise use intellectual property of another individual or entity without the owner's permission—this includes providing links to and including other copyrighted or trademarked material from third parties in HeartSpa (including posting on the Message Boards or in WebMail messages) without permission as well as using any trademarks, service marks, or other marks in social media or other websites without the owner's permission
- trespass in another's folders, work, or files
- promote commercial activities except as agreed to in writing by HeartSpa
- advertise products or services or engage in political lobbying
- defame, harass, insult, abuse, stalk, threaten, attack, or otherwise violate the legal rights (such as privacy and publicity) of another person or interfere with another person's work, including, but not limited to, sending unwanted WebMail messages or e-mail
- provide material support or resources to (or conceal the nature, location, source, or ownership of material support or resources of) any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Each User will have a user name and password (the "Log-in Information") for the purpose of accessing HeartSpa and the Content. Users must keep all Log-in Information strictly confidential, and all Log-in Information may be used only by the assigned User. Users are responsible for maintaining the security and confidentiality of all Log-in Information and for preventing access to HeartSpa and/or the Content by unauthorized persons using a User's Log-in Information. Users are responsible for any and all activities that occur under their account. Users must notify HeartSpa immediately of any unauthorized use of their account or any other breach of security. Notwithstanding the foregoing, certain employees of HeartSpa will be permitted to "log in as" someone other than themselves, after receiving the approval of their supervisor and undergoing specific training.
The User acknowledges and agrees that certain of the information available in HeartSpa is protected by various copyrights, trademarks, service marks, patents, trade secrets, or other intellectual property rights and laws and may only be used as permitted by law and with the permission of the owner. Except as expressly authorized by HeartSpa, Users may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from or otherwise exploit the Content or features in HeartSpa in any form or medium. Users are fully responsible for their own use and for ensuring such use does not infringe on the rights of HeartSpa or third parties. In addition to potential legal action, any unauthorized use including copying or reposting of HeartSpa or third-party intellectual property may result in one or more of the following: termination of access to HeartSpa, disciplinary action, and/or removal from the course offering or program of study.
Content is owned or controlled by HeartSpa or the third party credited as the provider of the Content, and its contents may not be copied, reproduced, distributed or modified in any way without the express written consent of HeartSpa. If you have any copyright concerns about any materials posted on HeartSpa by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. 512). Unless otherwise stated in any specific DMCA designation provided by HeartSpa, please provide us with written notice ("Notice") by contacting our Designated Agent at info@TheLivingBookofLove.com
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit HeartSpa to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on HeartSpa ("Infringing Material"), and information reasonably sufficient to permit HeartSpa to locate such material;
- Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works on HeartSpa are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
HeartSpa contains trademarks and service marks of HeartSpa and of third parties. For permission to use the HeartSpa name or logo or any HeartSpa marks, contact info@TheLivingBookofLove.com. Any use of any HeartSpa marks without written permission is strictly prohibited.
HeartSpa may contain links to other websites or other resources that are provided for the User's convenience. Unless otherwise noted, these linked sites are not under the control of HeartSpa and HeartSpa is not responsible for the content available on third-party-linked sites. HeartSpa makes no representations, warranties, or other commitments whatsoever about any third-party websites or third-party resources that may be referenced, accessible from, or linked to HeartSpa. A link to a website does not mean that HeartSpa endorses the content, the website owner or use of such website. In addition, HeartSpa is not a party to or responsible for any transactions the User may enter into with third parties, even if the User learns of such parties (or uses a link to such parties) from HeartSpa. Accordingly, the User acknowledges and agrees that HeartSpa is not responsible for the availability of such external websites or resources, except where specifically contracted for, and is not responsible or liable for any content, services, products, or other materials on or available from those websites or resources.
Mobile Terms and Conditions
By opting in to receive text message alerts from HeartSpa, you consent to receiving important information regarding your enrollment via text or SMS messages at the mobile phone number you provided. Such calls or texts may be placed using automatic dialing equipment. Message and data rates may apply.
To receive assistance on an inquiry, email: info@TheLivingBookofLove.com
HeartSpa controls and operates HeartSpa from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use HeartSpa from other locations, you are responsible for compliance with applicable state and federal laws, including, but not limited to, export and import control laws and regulations of the United States. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or connecting to HeartSpa, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Warranty and Other Disclaimers
HeartSpa is committed to ensuring the accuracy of all information included in HeartSpa, subject to the following limitations:
- HeartSpa will use reasonable efforts to keep the information current and to ensure the accuracy or completeness of materials available through HeartSpa. However, materials available through HeartSpa are not promised or guaranteed to be correct, current, or complete, and may contain inaccuracies or typographical errors.
- The User acknowledges that HeartSpa is not liable for the conduct of any party using HeartSpa or for any defamatory, offensive, infringing, or illegal materials contained on HeartSpa or in any Communication Service, and HeartSpa reserves the right to correct any errors or omissions and remove any materials from HeartSpa at its sole discretion and without liability of any kind.
Disclaimer of Warranty
USE OF HEARTSPA OR ANY COMMUNICATION SERVICE IS AT THE USER'S SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. HEARTSPA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, HEARTSPA MAKES NO WARRANTIES OR GUARANTEES THAT HEARTSPA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE USER UNDERSTANDS AND AGREES THAT IF THE USER DOWNLOADS OR OTHERWISE OBTAINS MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, THE USER DOES SO AT THE USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO THE USER'S COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL HEARTSPA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE HEARTSPA OR ANY COMMUNICATION SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HEARTSPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HEARTSPA'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE USER HEREBY RELEASES AND FOREVER DISCHARGES HEARTSPA, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS AND DIRECTORS, AGENTS, SUCCESSORS, AND ASSIGNS ("RELEASED PARTIES"), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS, OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO THE USER OR USER'S MINOR CHILD(REN)'S USE OF HEARTSPA OR ANY COMMUNICATION SERVICE. THE USER UNDERSTANDS THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES TO WHICH YOU OR YOUR MINOR CHILD(REN) MAY HAVE AS A RESULT OF HIS OR HER USE OF HEARTSPA REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
Upon request by HeartSpa, the User agrees to defend, indemnify, and hold harmless HeartSpa and its affiliates, employees, contractors, officers, directors, third-party content providers and licensors from all liabilities, claims, and expenses, including attorney's fees, which arise from the User's use or misuse of HeartSpa, Content, or any Communication Services. HeartSpa reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with HeartSpa in asserting any available defenses.
Governing Law, Choice of Law, and Forum
The use of HeartSpa shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of law rules. The User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the User's use of HeartSpa shall be filed only in the state or federal courts located in the State of Oregon, and the User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Except for other agreements signed by the User with HeartSpa, these Terms constitute the entire agreement between the User and HeartSpa with respect to use of HeartSpa. If any part of these Terms 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.
Termination of Use
If the User violates these Terms, the User may be barred from future use of HeartSpa and/or subject to legal action. Cause for such suspension, termination and/or deletion shall include, but not be limited to, (a) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of HeartSpa (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account may include (x) removal of access to all offerings within HeartSpa, (y) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (z) barring of further use of HeartSpa. Further, you agree that all terminations for cause shall be made in HeartSpa's sole discretion and that HeartSpa shall not be liable to you or any third party for any termination of your account, or access to HeartSpa.
Message Boards, and Other Communication Services
HeartSpa may also operates academic Message Boards located within HeartSpa to facilitate the exchange of ideas, information, and opinions between Users whose respective education program provides access to Message Boards. These Users may only use the Message Boards for activities, and other educational uses as described on each Message Board. The Message Boards contain contributions that represent only the opinions of their respective authors and do not express the opinions of HeartSpa. Use of the Message Boards is subject to the rules governing their use as provided when accessing them.
In addition to the Message Boards, HeartSpa may from time to time offer chat areas and/or other message or communication functionality designed to enable Users to communicate with others (each a "Communication Service" and collectively "Communication Services"). The User agrees to use Communication Services only in compliance with these Terms and as described on each Communication Service to post, send, and receive messages and materials that are proper and, when applicable, related to the particular Communication Service.
Any information that you submit to be posted to a Message Board or other Communication Service will be disclosed and available to all Users of that Communication Service and is, therefore, no longer private. We cannot guarantee the security of such information that you disclose or communicate online in public areas, and you do so at your own risk. HeartSpa does not control or endorse the content, messages, or information found in any Communication Service; therefore, HeartSpa specifically disclaims any liability with regard to the Communication Services and any actions resulting from a User's participation in any Communication Services. All participants acknowledge that any reliance upon such content shall be at the sole risk of the person so relying.
Although HeartSpa has no obligation to do so, HeartSpa reserves the right (i) to monitor anything posted to a Message Board or other Communication Services, and (ii) to remove anything which HeartSpa considers offensive or otherwise in breach of these Terms or for any other reason as HeartSpa deems necessary in its sole and absolute discretion. HeartSpa also reserves the right at all times to disclose any information as HeartSpa deems necessary to satisfy any disciplinary investigation, applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at HeartSpa's sole discretion.
Use of School Work, Interviews, Photographs, and Videos
Users may have the opportunity to provide material for inclusion in HeartSpa. This material may include the submission of work samples; postings on the Message Boards; text or other submissions for newsletters, newspapers, and/or yearbooks; messages; etc. Users represent that they own and/or control all of the rights to User's own material and that the public use of such material will not violate or infringe on the rights of HeartSpa or any third party.
Users may also have the opportunity to participate in a New Now® remote or live experience. HeartSpa cannot guarantee the security of any information disclosed by voice or text in a New Now® session. Any information that a User submits or is captured in a New Now® session may be disclosed and available to all Users and is, therefore, no longer private. Parents or legal guardians are responsible for any information disclosed by their minor children.
New Now® sessions may be recorded and used for instructional and demonstrative purposes. The User, for himself or the User’s minor child, hereby agrees to the recording of New Now® sessions in which the User participates. To the extent a User does not wish to participate in a recorded New Now®, recorded sessions are available to the User to view on demand.