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Heart Global™ Terms of Use

Hope Empowerment Through Art (HEART), Inc., d/b/a “Heart Global,” provides the content on this website (www.heartglobal.org), other sub domain websites, and third-party sites on which it maintains a presence (“Heart Global Websites”) in support of its mission. By using the Heart Global Websites and Heart Global applications, products, and services (together, the “Services”), you accept and agree to abide by the following terms.

The terms of use provided here (the “Agreement”) is a legal agreement between you (“You,” “Your”) and Heart Global (“Heart Global,” “We,” “Our,” or “Us”) governing Your use of Heart Global applications and websites, online services, and other products and services (together, the “Services”). Please read this Agreement carefully. This Agreement outlines the terms that govern Your use of the Services, and also includes provisions that limit Our liability to You and require individual arbitration for any potential legal dispute. To use any of the Services, You must accept all of the terms of this Agreement.

            BY ENGAGING IN USE OF THE HEART GLOBAL WEBSITES, OR BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

            You may not access the Services if You are a direct competitor of Heart Global, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.

            This Agreement was last updated on December 21, 2020. It is effective between You and Us as of the date of You accepting this Agreement.

  1. DEFINITIONS

 

Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

Agreement” means these terms of use.

Content” means information, whether obtained by Us from Our content licensors or publicly available sources, provided to You pursuant to an Order Form or otherwise, as more fully described in Documentation. 

Dispute” means any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between You and Us, including, but not limited to, any claims relating in any way to this Agreement (including its breach, termination, or interpretation), any other aspect of our relationship, Our advertising, and any use of Our software or Services. “Dispute” also includes any claims that arose before this Agreement and that may arise after termination of this Agreement.

Documentation” means Our online user guides, documentation, informational materials and other content, as updated from time to time, accessible via www.heartglobal.org or login to the applicable Service. Heart Global is the owner of the compilation of content that is posted on the Heart Global Websites, which consists of text, images, audio, video, databases, design, codes and software.  However, Heart Global does not necessarily own each component of the compilation. The Content that Heart Global makes available on the Heart Global Websites may be owned by Heart Global, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content is in the public domain and some Content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

 

Malicious Code” means code, files, scripts, agents or programs intended to do harm, including, but not limited to, viruses, worms, time bombs, and Trojan horses.

 

Third-Party Applications” means a Web-based or offline software application that is provided by You or a third party and integrates or interoperates with a Service, including, for example, an application that is developed by or for You to be used jointly with Services offered by Us.

Order Form” means an ordering document, an acknowledgment in writing by You, or an online form specifying the Services to be provided hereunder that is entered into between You and Us, including any addenda and supplements thereto.

Purchased Services” means Services that You or Your Affiliate purchase under an Order Form.

Services” means the products and services that are ordered by You under an Order Form and made available online by Us, including associated offline components or services, as described in the Documentation.

User” means You, or an individual who is authorized by You to use a Service.

We,” “Us,” or “Our” means Hope Empowerment Through Art (Heart), Inc., a California company doing business as Heart Global.

You,” or “Your” means you as an individual or the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity.

Your Data” means electronic data and information submitted by or for You to the Purchased Services or collected and processed by or for You using the Purchased Services, excluding Content and Third-party applications.​

 

  1. Account Registration. You may be required to open an account with Heart Global (a “Registered Account,” or “Heart Global Account”) to use the Services. During registration We will ask You for information including Your name and other personal information. You must provide accurate and complete information in response to Our questions. You must complete this and other processes to access Our Services. You must also keep the information that You provide up-to-date. We reserve the right to suspend or terminate the Registered Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
     

  2. Name. You must use Your or Your business’s true and accurate name when signing up for a Registered Account. Ideally, the name You choose will be a reasonably descriptive name that clearly identifies You or Your business.
     

  3. Software. We may incorporate software into Our website and associated applications, If we do, the software associated with Our website applications is part of the Services. Among other things, the software enables You to access and use the Services. You must install any and all recommended software updates, if any, to continue to use the Services.
     

  4. Verification and Inspection. If Your request to open a Registered Account is approved, We may request additional information from You at any time. For example, We may ask You to present identification, a business license, or other information. If You refuse any of these requests, Your Registered Account and the Services may be suspended or terminated without notice.
     

  5. Your Registered Account. By creating a Registered Account, You confirm that You are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which You operate.
     

  6. Our Role. We will:
     

    • Make the Services and Content available to You pursuant to this Agreement and any applicable Order Forms;
       

    • Provide Our standard support for the Purchased Services to You at no additional charge; and
       

    • Use commercially reasonable efforts to make the online Purchased Services available 24 hours a day, 7 days a week, except for:
       

      • Planned downtime (of which We shall give You reasonable electronic notice and which We shall schedule to the extent practicable outside of normal business hours), and
         

      • Any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, Third-party Application, or denial of service attack.
         

  7. Protection of Your Data. We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data, as described in the Documentation. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Your Data by Our personnel except:
     

    • to provide the Purchased Services and prevent or address service or technical problems,
       

    • as compelled by law in accordance with this Agreement, or
       

    • as You expressly permit in writing.
       

  8. Our Personnel. We will be responsible for the performance of Our personnel (including Our employees and contractors) and their compliance with Our obligations under this Agreement, except as otherwise specified herein.
     

  9. Your Responsibilities. You will (a) be responsible for Users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Your Data and the means by which You acquired Your Data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content only in accordance with the Documentation and applicable laws and government regulations, and (e) comply with the terms of service of Third-Party Applications with which You use Services or Content.
     

  10. Usage Restrictions. You will not:
     

    1. make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than You or Your Users,
       

    2. sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau,
       

    3. use a Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights,
       

    4. use a Service to store or transmit Malicious Code,
       

    5. interfere with or disrupt the integrity or performance of any Service or third-party data contained therein,
       

    6. attempt to gain unauthorized access to any Service or Content or its related systems or networks,
       

    7. permit direct or indirect access to or use of any Service or Content in a way that circumvents a contractual usage limit,
       

    8. copy a Service or any part, feature, function or user interface thereof,
       

    9. copy Content except as permitted herein or in an Order Form or the Documentation,
       

    10. frame or mirror any part of any Service or Content, other than framing on Your own intranets or otherwise for Your own internal business purposes or as permitted in the Documentation,
       

    11. access any Service or Content in order to build a competitive product or service, or
       

    12. reverse engineer any Service (to the extent such restriction is permitted by law).
       

    13. use Heart Global trademarks without prior written permission.
       

    14. post any content on Heart Global websites or applications that is off-topic, partisan-political, contains personal attacks or expletives, or is otherwise abusive, threatening, unlawful, harassing, discriminatory, libelous, obscene, false, pornographic, or that infringes on the rights of any third party.
       

    15. post any content on Heart Global websites or applications that is not Yours or for which You have not received permission from the person or entity that owns the content and the related intellectual property rights.
       

    16. post Your own or a third party’s advertising or promotional content into Your postings.
       

    17. collect information about the users of this website or use such information for any purpose.
       

  11. Your Authorization. You authorize or otherwise agree to the following:
     

    1. ​By posting content, You are giving Heart Global and those authorized by Heart Global permission to use it for any educational, promotional or other standard purpose.
       

    2. If You have a unique user name and password it is Your responsibility to protect this information, and You understand You are responsible for any activity that’s performed with this user account.
       

    3. Heart Global may monitor or review discussions, chats, postings, transmissions, bulletin boards or any other postings from time to time.
       

    4. Heart Global assumes no responsibility or liability arising from the posting of Your content or for any error, defamation, libel, omission, obscenity, danger or inaccuracy contained in any posted information or from any failure or delay in removing such content.
       

    5. Heart Global has the right to monitor content or information provided by website visitors in its sole discretion, to edit or remove any content that, in Heart Global’s judgment, does not comply with the foregoing rules.
       

    6. Heart Global is not responsible for any user-generated content that is posted on the Heart Global Websites or for any failure or delay in removing such content.
       

    7. Trademarks of third parties may also appear on the Heart Global Websites from time to time. You agree that nothing on the Heart Global Websites shall be construed as granting any license to use any Trademark displayed on the Heart Global Websites without the express written permission of the owner of the trademark.
       

  12. ​Unauthorized or Illegal Use. We may decide not to authorize an Order Form that You submit to Us if We believe that You are attempting to complete transactions that are in violation of this Agreement, or that it exposes You, or Us to harm. Harm includes, but is not limited to, fraud and other criminal acts. If We reasonably suspect that Your Registered Account has been used for an unauthorized, illegal, or criminal purpose, You give Us express authorization to share information about You, Your Registered Account, and any of Your transactions with law enforcement.
     

  13. Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes Your Data; Our Confidential Information includes the Services and Content; and Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
     

  14. Protection of Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party will disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates, legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its Affiliate, legal counsel or accountants will remain responsible for such Affiliate’s, legal counsel’s or accountant’s compliance with this Agreement.
     

  15. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
     

  16. Our Fees. You agree to pay any applicable fees specified in Order Forms or in Our Fee Schedule for use of the Services. Subject to the terms of this Agreement, We reserve the right to change Our Fees at any time. You must agree to the change in Fees to continue to use the Services. To withdraw Your consent, You will need to close Your Registered Account. All Balances and all Fees, charges, and payments collected or paid through the Services are denominated in U.S. Dollars.
     

  17. Liability for Chargebacks. The amount of a transaction may be reversed or charged back to Your account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by Our processor, or Our financial institution, (c) was not authorized or We have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
     

  18. Collection Rights for Chargebacks. For any transaction that results in a Chargeback, We may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by Our processor from Your Registered Account (including without limitation any Reserve), any proceeds due to You, Your bank account, or other payment instrument registered with us. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all Registered Account deficit balances unpaid by You.
     

  19. Dormant Registered Accounts. If there is no activity in Your Registered Account (including access or payment transactions) for at least twelve months, consecutively, and You have a Balance, We may notify You by sending an email to the email address associated with Your Registered Account and give You the option of keeping Your Registered Account open and maintaining the Balance, withdrawing the Balance, or requesting a check. If You do not respond to Our notice within thirty days, We may automatically close Your Registered Account and escheat Your funds in accordance with applicable law, and if permitted, to Heart Global.

     

  20. Your Privacy. Your privacy is very important to Heart Global. Upon acceptance of this Agreement, You confirm that You have read, understood and accepted Heart Global’s Privacy Policy.
     

  21. Privacy of Others. By using the Services, You may receive information about other third parties. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information or use the information for marketing purposes unless You receive the express consent of the third party. You are solely responsible for compliance with any privacy laws applicable to Your use of the Services.
     

  22. Termination, Right to Terminate, Account Suspension, and Termination by Us.

    • If Your Registered Account is terminated or suspended for any reason or no reason, You agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Services, (c) that the license, if any, provided under this Agreement shall end, (d) that We reserve the right (but have no obligation) to delete all of Your information and account data stored on Our servers, and (e) that Heart Global now shall not be liable to You or any third party for termination or suspension of access to the Services or for deletion of Your information or account data.

    • You may terminate this Agreement and other Heart Global agreements by closing Your Registered Account at any time. Upon closure of a Registered Account, any pending transactions will be completed.

    • We may terminate this Agreement or suspend or close Your Registered Account for any reason or no reason at any time without notice to You. We may also suspend the Services and access to Your Registered Account (including the funds in Your Registered Account) if You (a) have violated the terms of this Agreement, any other agreement You have with Heart Global, or Heart Global’s policies, (b) pose an unacceptable credit or fraud risk to Us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
       

  23. Effect of Termination. We will not be liable to You for compensation, reimbursement, or damages in connection with Your use of the Services, or in connection with any termination or suspension of the Services. Any termination of this Agreement does not relieve You of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by You to us as provided in this Agreement.
     

  24. Subscriptions. Unless otherwise provided in the applicable Order Form, Services are not subscription based. In the event a Service is provided as a subscription, then such subscription shall be a terminable license.
     

  25. Your License. For Services specifically identified by Us and provided as a subscription, Heart Global grants You a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Services You so receive, in accordance with this Agreement. The Services include Our website, in-person services, workshops, any current or future mobile applications, software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto. You will be entitled to download updates to the Services, subject to any additional terms made known to You at that time, when Heart Global makes these updates available. While We want You to enjoy the Services, You may not, nor may You permit any third party to do any of the following: (i) access or monitor any material or information on any Heart. Global system using any manual process or robot, spider, scraper, or other automated means unless You have separately executed a written agreement with Heart Global referencing this Section that expressly grants You an exception to this prohibition; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Heart Global; (iii) permit any third party to use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to You under this Agreement; (v) violate the restrictions in any robot exclusion headers on the Services or any Heart Global service or product, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by Our other customers, or impose an unreasonable or disproportionately large load on Our infrastructure; or (vii) otherwise use the Services except as expressly allowed under this section.
     

  26. Ownership. Heart Global reserves all rights not expressly granted to You in this Agreement. The Services are protected by patent, copyright, trademark, trade secret and other intellectual property laws. Heart Global owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. This Agreement does not grant You any rights to Heart Global trademarks or service marks. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. You may choose to or We may invite You to submit comments or ideas about the Services, including without limitation about how to improve the Services or Our other products (“Ideas”). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Heart Global under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Heart Global does not waive any rights to use similar or related ideas previously known to Heart Global, or developed by its employees, or obtained from sources other than You.
     

  27. Indemnity. You will indemnify, defend, and hold us and Our respective employees, directors, agents, affiliates and representatives harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of Your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies; (b) Your wrongful or improper use of the Services; (c) any invoice submitted by You through the Services; (d) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) Your violation of any law, rule or regulation of the United States or any other country; (f) any other party’s access and/or use of the Services with Your unique name, password or other appropriate security code.
     

  28. Representation and Warranties. You represent and warrant to us that: (a) You are at least eighteen (18) years of age; (b) You are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by You when You registered is Your name or business name; (d) You and all transactions initiated by You will comply with all federal, state, and local laws, rules, and regulations applicable to You and/or Your business and employees, including any applicable tax laws and regulations; (e) You will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) Your use of the Services will be in compliance with this Agreement.
     

  29. No Warranties. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEART GLOBAL NOW OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HEART GLOBAL, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

    HEART GLOBAL NOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HEART GLOBAL NOW WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
     

  30. Limitations of Liability and Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEART GLOBAL, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL HEART GLOBAL NOW BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR REGISTERED ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEART GLOBAL, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY CAUSE OF ACTION BROUGHT BY YOUR CLIENTS, EMPLOYEES, OR ANY OTHER THIRD PARTY IN WHICH HEART GLOBAL NOW DOES NOT HAVE PRIVITY WITH. BY ELECTRONICALLY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT HEART GLOBAL NOW DOES NOT HAVE PRIVITY WITH YOUR CLIENTS, EMPLOYEES, OR ANY THIRD PARTY, AND THAT HEART GLOBAL NOW ONLY HAS A CONTRACTUAL PRIVITY WITH YOU SUBJECT TO THE TERMS OF THIS AGREEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEART GLOBAL, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HEART GLOBAL, ITS PROCESSORS, SERVICE PROVIDERS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY HEART GLOBAL NOW IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HEART GLOBAL NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    The Services are controlled and operated from facilities in the United States. Heart Global makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if You are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
     

  31. Disputes. If a dispute of any kind arises, We want to understand and address Your concerns quickly and to Your satisfaction. Please contact Heart Global with any dispute. If We cannot resolve Your concerns, We agree to an informal and inexpensive dispute resolution process requiring individual arbitration as outlined in Section 35 of this Agreement.
     

  32. Binding Individual Arbitration. You and Heart Global agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST HEART GLOBAL. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
     

    • JAMS Individual Arbitration. Any disputes, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be determined by arbitration at JAMS before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
       

    • Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
       

    • Punitive Damages. In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive damages, except where permitted by statute, and the parties waive any right to recover any such damages.
       

  33. Privacy. You agree that Heart Global may collect, use and disclose information that you provide as described in the Privacy Policy. Click here to access Heart Global’s Privacy Policy governing the use of information that Heart Global obtains from you through your use of this website.
     

  34. Governing Law. This Agreement and any Dispute will be governed by Michigan law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within Michigan, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
     

  35. Limitation on Time to Initiate a Dispute. Unless otherwise required by law, an action or proceeding by You relating to any Dispute must commence within one year after the cause of action accrues.
     

  36. Right to Amend Agreement. We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services with notice that We in Our sole discretion deem to be reasonable in the circumstances, including such notice on Our website at www.heartglobal.org or any other website maintained or owned by Us for the purposes of providing Services in terms of this Agreement. Any use of the Services after Our publication of any such changes shall constitute Your acceptance of this Agreement as modified. However, any Dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the Dispute arose.
     

  37. Electronic Communications and Electronic Signatures.  You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Heart Global solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
     

  38. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
     

  39. Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
     

  40. Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.

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