RACHEL HART INTERNATIONAL, INC.
TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Rachel Hart International, Inc. or www.rachelhart.com (including tab.rachelhart.com) (“Website”) digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, video, enter any online private platform or forums operated by Hart (for any purpose), whether on a website hosted by Hart (as defined below) or a third-party website such as an online course platform or facebook.com, participate in any workshop or challenge; attend any live event hosted or promoted by Hart; and/or purchase or take part in any future service or activity offered by Hart, whether now known or unknown (collectively “Hart Activities”). If you do not agree with these TOU, you may not use the Website or participate in any Hart Activities. As used in these TOU, the term “Releasees” is defined to include the following: (i) Rachel Hart International, Inc., its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, contractors, coaches, representatives, successors and assigns (collectively, “Hart”); (ii) any volunteers; (iii) Rachel Hart; and (iv) Thomas Hart and Daria Hart.
The Website, Content, and Hart Activities are intended and only suitable for those who currently identify as women, aged 21 and above. Some of their content is not appropriate for children. Those under the age of 21, and those who do not currently identify as women, are not permitted to use the Websites or Content. Hart hereby disclaims all liability for use by individuals under the age of 21.
2. Payment and Refunds
You agree to pay the fees listed on the checkout page for the Hart Activities you choose. If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Hart, without any additional authorization, for which you will receive an electronic receipt. You also agree that Hart is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Recurring monthly payments will be charged to your card on the same calendar day each month (if, for example, you sign up on April 12, your card will be charged again on May 12, June 12, and so on).
If you fail to make payment in a timely manner in accordance with these TOU or voluntarily decide to withdraw from any Hart Activities at any time or for any reason, you will remain fully responsible for the full cost of all payments in any payment plan you choose.
Payment in full is required before you will be permitted to participate in any Hart Activities.
Hart reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse Hart for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Hart reserves the right to adjust the fees for Hart Activities and payment terms, and will give advance notice to you of any changes by email.
In the event that payment is not received by the date due, you will have a nine (9) day grace period to make the payment, otherwise we reserve the right to terminate your access to the Website and all Content immediately and permanently.
If you wish to re-enroll in any Hart Activities after termination, you agree to pay $197 as a reactivation fee, and agree to pay the then-current fees for any Hart Activities you choose.
Refund Policy: Your satisfaction with Hart Activities is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing Hart Activities, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Hart Activities and no refunds will be provided to you at any time. By using and/or purchasing Hart Activities, you understand and agree that all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of Hart Activities, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
3. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Website, any third-party website Hart may use to distribute or host the Hart Activities, contained in e-mails sent to you by Hart, or provided at in-person events by Hart, as well as the look and feel of all of the foregoing (“the Content”) is property of Hart and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. Hart’s Limited License to You
If you view, purchase or access any Hart Activities or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of Hart Activities and Content for your own personal purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients or customers, or any other third party, or otherwise use any material from the Hart Activities or Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Hart Activities or Content for personal use, you in no way assume any ownership rights of the Content – it is still Hart property. Any unauthorized use of any materials found in the Hart Activities or Content shall constitute infringement.
You must receive our written permission before using any of the Hart Activities or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Hart Activities or Content are trademarks belonging
to Hart, unless otherwise indicated.
All rights not expressly granted in these terms or any express written license are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Hart Activities or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Hart Activities in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Hart Activities, in addition to any legal or equitable remedies Hart may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Hart that may not be adequately compensated by damages, entitling Hart to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to Hart; Use in Testimonials, Content, and Marketing
By posting or submitting any material during the Hart Activities, such as questions, comments, posts, photos, images, videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 21 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of Hart’s current or future Hart Activities and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Hart Activities or in our Content at any time for any reason.
While attending any in-person Hart Activities, you consent to photographs, videos, and/or audio recordings that may contain you, your voice and/or your likeness. You grant Hart the right to use your likeness in any photographs, videos, and or/audio recordings in connection with your participation in any in-person Hart Activities, without compensation to you at any time, now or at any time in the future.
Other than photographs, videos, and/or audio recordings in connection with in-person Hart Activities, Hart will request your advance permission to use any photographs, videos, and or/audio recordings in which your face is recognizable, or to identify you by full name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or Hart, for any purposes, including commercial purposes and advertising in connection with use of any of your content.
This means you give Hart permission to use anything captured by Hart during your participation in in-person Hart Activities, including images in which your face is visible and recognizable. You also give Hart permission to use anything you submit or post in online Hart Activities or any third-party forum or website operated by Hart, other than images in which your face is visible and recognizable, or your full name.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to email@example.com.
4. Your Conduct in the Hart Activities; Confidentiality
Please choose carefully the materials that you upload to, submit to, or share on any Website or during any video or telephone call operated by Hart and any third-party forums operated by Hart. Any material you post or share on Hart’s Website, during any video or telephone call, or in any third-party forums operated by Hart may inadvertently become public.
The Coach-Client relationship is not legally bound by confidentiality. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege. Hart is not legally bound to keep your information confidential.
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and Hart may be unlawfully intercepted by third parties not under our control. Hart does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
Nevertheless, Hart agrees to take reasonable steps keep all information about the Coach-Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself or others. You may authorize Hart to disclose your information to a third party by doing so in writing.
Hart may record coaching calls and share them on the Website, in Hart Activities, or on third- party forums operated by Hart.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Website or any third-party forums operated by Hart. If Hart discovers you have done so, this will be grounds for immediate termination of access to all Hart Activities and Content.
5. Username and Password
Hart reserves the right in its sole discretion to refuse or terminate your access to the Hart Activities and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Hart Activities or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Hart Activities and its Content will still apply now and in the future, even after termination by you or Hart.
In the event that you wish to cancel a recurring monthly payment, you must do so before the next month’s payment automatically charges (if, for example, you signed up on April 12, your card will be charged again on May 12 so you should cancel your membership on or before 11:59 pm Eastern Time on May 11). In no event will a pro-rated refund be issued if you cancel after the next month’s payment has already been charged.
7. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You acknowledge that, by engaging with Hart for any Hart Activities, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in any Hart Activities, whether or not caused by the active or passive negligence of the Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Hart for the Hart Activities.
b. Not psychological, medical, alcohol, drug addiction, or substance abuse treatment, detoxification, or recovery services. Rachel Hart and Hart representatives, employees, and agents are not licensed psychologists, medical doctors, or mental health professionals. The Hart Activities and Content provide information and education only, and do not provide any medical, psychological, financial, or legal, services or advice. None of the Hart Activities or Content prevents, cures or treats any mental or medical condition. The Hart Activities and Content are not intended to be a substitute for professional advice that can be provided by your own medical professional, accountant, lawyer, or financial advisor. The Hart Activities and Content do not provide alcohol, drug addiction, or substance abuse treatment, detoxification, or recovery services. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. Hart disclaims any liability for your reliance on any opinions or advice contained in the Hart Activities.
Suddenly stopping drinking may cause physical side effects. If you are experiencing physical symptoms of withdrawal from alcohol, you are encouraged to consult with a medical professional as soon as possible. If you have thoughts about harming others or yourself, you should NOT use the Websites or Content. Instead, you should immediately call 911 and seek appropriate professional help. If Hart is informed of your intention to harm yourself or others, we reserve the right to contact proper authorities and release whatever information we possess to protect the individual(s) at risk.
c. Results Disclaimer. You agree that Hart has not made and does not make any representations about the results you may receive as a result of your participation in the Hart Activities. Hart cannot and does not guarantee that you will achieve any particular result from your use of the Hart Activities, and you understand that results differ for each individual.
d. Any links to third-party products, services, or sites are subject to separate terms and conditions. Hart is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Hart may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
e. Hart tries to ensure that the availability and delivery of the Hart Activities and Content is uninterrupted and error-free. However, Hart cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
f. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE HART ACTIVITIES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HART DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
g. HART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE HART ACTIVITIES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE HART ACTIVITIES.
8. Users Outside United States
Hart controls and operates the Hart Activities from offices in the United States. Hart does not represent that materials in the Hart Activities are appropriate or available for use in other locations. People who choose to access the Hart Activities from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless Releasees and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but without limitation to attorney’s fees) arising from or in connection with: (i) your use of the Hart Activities or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to Hart’s website or any third-party forum or website operated by Hart, (iv) your use of materials or features available in the Hart Activities or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by Hart), or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
Hart may change, modify or update these TOU at any time. Any access or use of the Hart Activities or Content by you after Hart publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact firstname.lastname@example.org.
10. Coach/Client Relationship and Responsibilities of the Parties
○ Hart’s staff are trained to use their communication skills and coaching tools to support you throughout the Hart Activities.
○ Hart’s staff will provide materials and guidance to you based on information you provide.
Your Responsibilities for Best Results:
○ Watch and/or listen to all video content provided on the Website and complete all worksheets assigned during the Hart Activities, at your own pace.
○ Attend live group coaching calls.
○ Ask for coaching and help through the Website or any membership site hosted by Hart.
○ Attend live in-person events, if applicable.
○ You agree that coaching is not to be used as a substitute for professional advice of any kind, including psychological, medical, alcohol, drug addiction, or substance abuse treatment, detoxification, or recovery services or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
You agree that you are able to safely participate in the Hart Activities and have no medical condition that would make your participation in Hart Activities more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in Hart Activities without the approval of a physician.
12. Consent to Medical Care
While attending any in-person Hart Activities, you consent to medical care and transportation in order to obtain treatment in the event of injury to you as Hart, volunteers or medical professionals may deem appropriate and understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
13. Following Rules, Instructions
While attending any in-person Hart Activities, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Hart through its employees, representatives or agents and to abide by any decision of any Hart staff or volunteers, or Hart vendors or contractors, relative to your ability to safely participate in or attend Hart Activities.
14. Appropriate Behavior; Dismissal Without Refund
You understand and agree that you are expected to exhibit appropriate behavior at all times while at any live, in-person Hart Activities and to obey all local, state and federal civil and criminal laws while participating in or attending Hart Activities. This includes, generally, respect for other people, equipment, facilities or property. Hart may dismiss you, without refund, should your behavior endanger the safety of or negatively affect Hart Activities or any person, facility or property.
15. Consumption of Alcohol or Other Intoxicants
You agree not to consume alcohol or any other intoxicant prior to Hart Activities that involve physical exercise or activity, or use any medicine or substance that will inhibit your mental or physical ability to safely participate in such Hart Activities. If you choose to consume alcoholic beverages or other intoxicants prior to, during, or after any other Hart Activities, you agree you will do so responsibly, and only if you are over the age of twenty-one (21).
16. Damage or Theft of Property
You understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at or during Hart Activities.
17. Jurisdiction, Venue
18. Entire Agreement, Severability, Modification, and Waiver
This agreement constitutes the entire agreement between you and Hart with respect to the Hart Activities, Content and Website and supersedes all prior or contemporaneous communications between you and Hart regarding the Hart Activities, Content and Website. If any part of the terms of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Dated: August 6, 2019
By clicking on the box that you have read and agreed to the Terms and Conditions of Use when signing up at the Website, you are providing the electronic equivalent of your
signature and assert that you have read, understood and agreed to this entire Agreement.