TERMS OF USE

Heart’s Desire International, LLC (“Heart’s Desire International,” “we,” “us,” or “our”) welcomes you.  We invite you to access and use our website www.heartsdesireintl.com (the “Website”). 

We provide visitors to our Website (“Visitors”) access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you.  By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”).  If you do not agree to any of these terms, then please do not use the Website.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Website, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. Description and Use of Our Websites

We provide Visitors and Registered Users with access to the Services as described below.

Visitors.  Visitors, as the term implies, are people who do not register with us, but want to explore the Website.  No login is required for Visitors.  Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users.  Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through our Website; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Website; (iv) post comments and other content on the Website (collectively, “Registered User Content”); (v) sign up for our various programs, events, products, and/or services; (vi) sign up for alerts and other notifications; and (vii) become part of the Heart’s Desire International, LLC community.

Heart’s Desire International, LLC is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion.  In addition, Heart’s Desire International, LLC may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

2. Community Guidelines

Heart’s Desire International, LLC community, like any community, functions best when its users follow a few simple rules.  By accessing and/or using the Website, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

• • You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
• • You will not upload, post, email, transmit, or otherwise make available any content that:
• o infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
• o is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
• o discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
• • You will not “stalk,” threaten, or otherwise harass another person;
• • You will not spam or use the Website to engage in any commercial activities;
• • If you post any Registered User Content, you will stay on topic;
• • You will not access or use the Website to collect any market research for a competing business;
• • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• • You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
• • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
• • You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
• • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
• • You will let us know about inappropriate content of which you become aware.  If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content that does not adhere to these Community Guidelines.

3. Restrictions

The Website is only available for individuals aged 18 years or older.  If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

4. Sign-In Name; Password; Unique Identifiers

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”).  When creating your account, you must provide true, accurate, current, and complete information.  Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement.  You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them.  You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier.  We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

5. Fees and Payment

As consideration for any purchase you make on the Website, you shall pay Heart’s Desire International, LLC all applicable fees and taxes.  We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.  If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars.  If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information.  You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).  You hereby authorize Heart’s Desire International, LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires.  We reserve the right to charge any renewal card issued to you to the same extent as the expired card.  If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand.  You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.  In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay.  You are advised to check with your bank and credit card issuer for details.

6. Intellectual Property

The Website contains material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Heart’s Desire International, LLC (collectively referred to as the “Content”).  The Content may be owned by us or third parties.  The Content is protected under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use.  Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use.  Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Website), and you will not use the Content except as permitted under this Agreement.  No other use is permitted without the prior written consent of Heart’s Desire International, LLC.  Heart’s Desire International, LLC retains all right, title, and interest, including all intellectual property rights, in and to the Content.  You must retain all copyright and other proprietary notices contained in the original Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Heart’s Desire International, LLC (the “Heart’s Desire International, LLC Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Heart’s Desire International, LLC.  Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Heart’s Desire International, LLC Trademarks, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of Heart’s Desire International, LLC Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  None of the Content may be retransmitted without our express, written consent for each and every instance.

7. Registered User Content; Licenses

As noted above, the Website provides Registered Users the ability to post and upload Registered User Content.  You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available.  YOU, AND NOT HEARTS DESIRE INTERNATIONAL, LLC, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content.  You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sub licensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.  You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Heart’s Desire International, LLC, and our products and services.  Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Heart’s Desire International, LLC that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Heart’s Desire International, LLC and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

8. Communications With Us

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information.  With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

9. No Warranties; Limitation of Liability

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

10. External Sites

The Website may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

11. Representations; Warranties; and Indemnification

(a) If you are a Registered User, you hereby represent, warrant, and covenant that:

• • You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
• • Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
• • You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

12. Compliance With Applicable Laws

The Website is based in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Websites or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

13. Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”

14. Digital Millennium Copyright Act

Heart’s Desire International, LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Heart’s Desire International, LLC
1760 W 46th Street

Hialeah, FL 33012

myheartsdesire@heartsdesireintl.com

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

15. Controlling Law

This Agreement and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions.

16. Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s 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.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding  pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

17. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Florida for purposes of any such action by us.

19. Miscellaneous

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

PURCHASE TERMS

TERMS & CONDITIONS OF PURCHASE

You are purchasing access for one (1) person to the Ready to Love Again, Keeping the Love Alive, Extraordinary Love Mastery, Ready for Love NOW, Ready for Love Jump-Start Program (referred to below as the “RTLA,” the “KTLA,” “ELN,” “RFLN” “RFLJS,” or “The Program”), and/or Products, Virtual and In-person Events, and/or Services , or “The Products,” “The Events”, “The Services” [Live and/or Digital] from Heart’s Desire International, LLC. (the “Company,” “we,” or “us”). You must be at least 18 years of age or older to purchase access to the KTLA, RTLA, ELN and/or any Live Virtual/In-person and/or Digital  Product, Event or Service. Children under the age of majority should review this Agreement with their parent or legal guardian.

The Program/Event/Product/Service includes live/digital course access, live/digital course content and materials, other information and materials furnished by the Company (collectively, “Content”) and access to a website for members of The Program/Event/Product/Service (the “Site”). By purchasing access to The Program/Event/Product/Service, you and the Company hereby agree to these Terms and Conditions of Purchase and the Company’s Terms of Use and Privacy Policy (collectively, this “Agreement”) following legal terms and conditions that govern your use of The Program/Event/Product/Service and that form a legal agreement between you and the Company. In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Payment Policy

You are responsible to pay for The Program/Event/Product/Service in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. If you select the payment plan, your card will be charged the first payment of $400 USD when you register and subsequent payments will be charged on the same day of the month for 12 months, unless otherwise specified in writing. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You will immediately lose access to future Modules and Bonuses and your access to the Site and all Content will be revoked seven (7) days after your payment declines. You will also not receive access to future versions of The Program/Event/Product/Service as it’s released until all payments are made in full.

If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.

To be clear, the  is not a subscription payment model that can be canceled or “pay in part” program/event/product/service where you can pay only for access to certain Modules and not others. This is a full immersion program/event/product/service, and your payment plan is a convenience that we offer so that you can make the price sustainable.

Refund Policy

Payments are not refundable for any reason. Payments are due regardless of whether or not you fully and faithfully participate in the program/event/product/service.  We put an extraordinary amount of time, effort, and commitment into The Program/Event/Product/Service, and we expect you to do the same. 

 

Intellectual Property

You agree that The Program/Event/Product/Service contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Company provides you with The Program/Event/Product/Service solely for your personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Program/Event/Product/Service or the Content available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from The Program/Event/Product/Service. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Heart’s Desire International, LLC, KTLA, RTLA, ELN and/or Live and/or Digital Product, Event, or Service Content, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to The Program/Event/Product/Service (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all of their respective rights in law and equity. THE USE OF THE COMPANY’S PROGRAM, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

Company trademarks, service marks, graphics, and logos used in connection with The Program/Event/Product/Service are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.

The Program/Event/Product/Service includes access for one (1) person. Upon registration, you will receive one username and password for the Site for use during the live course.

If you would like to take The Program/Event/Product/Service along with a business partner or collaborator, you will need to each purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take the Program/Event/Product/Service, a separate membership/seat/ticket will need to be purchased for each participating member.

Privacy and Confidentiality

The Program/Event/Product/Service is subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 18 and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 18 are not using The Program/Event/Product/Service.

We respect your privacy and must insist that you respect the privacy of other people that participate in The Program (“KTLA Participants,” “RTLA Participants,” “ELN Participants,” “Ready for love NOW Participants,” “Ready for Love Jump-Start Participants”, “Program Participants,” “Event Participants,” “Product Participants,” and/or “Service Participants”).

By purchasing access to The Program/Event/Product/Service, you agree:

• • not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Program/Event/Product/Service Participants;
• • that any confidential information shared by The Program/Event/Product/Service Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company;
• • not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Program/Event/Product/Service Participants during training sessions;
• • that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company;
• • the reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; and
• • that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

While you are free to discuss your personal results from The Program/Event/Product/Service and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.

Third-Party Materials and Websites

The Company may provide links to third-party materials and websites as a convenience to you and other XXX Participants. These third-party materials and websites are not part of the The KTLA, RTLA, ELN, RFLN, RFLJS, Program, and/or any Live and/or Events and/or Digital Products and Services, and they may be either withdrawn or terminated at any time without notice to you and without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.

Disclaimer

THE PROGRAM/EVENT/PRODUCT/SERVICE, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.

When addressing financial matters in any of our websites, videos, newsletters, programs/events/products/services or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs/events/products/services and their potential to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in The Program/Event/Product/Service Content, or Site is a promise or guarantee to you of future earnings.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PROGRAM/EVENT/PRODUCT/SERVICE IS AT YOUR SOLE RISK. By purchasing access to The Program/Event/Product/Service, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs/events/products/services, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, events, product, services, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.

Additional Terms and Conditions

1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of Florida and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Florida, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE PROGRAM/EVENT/PRODUCT/SERVICE; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM/EVENT/PRODUCT/SERVICE AND A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

AS SET FORTH IN OUR PRIVACY POLICY, THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE PRGRAM, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.

3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, The Program/Event/Product/Service, or Heart’s Desire International, LLC, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.

4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Program/Event/Product/Service is a non-transferable program/event/product/service.

5) TERMINATION. The Company is committed to providing all customers in The Program/Event/Product/Service with a positive Program/Event/Product/Service experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in The Program/Event/Product/Service without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.

Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.

6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of The Program/Event/Product/Service. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of The Program/Event/Product/Service will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact our legal department directly at myheartsdesire@heartsdesireintl.com. 

7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of The Program/Event/Product/Service. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.

8) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or The Program/Event/Product/Service (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s 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. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 8(J) below, nothing in this Agreement will prevent the Company from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.

9) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Florida for purposes of any such action by the Company.

11) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

12) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

13) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.

 

Heart’s Desire International, LLC

Ready to Love Again/Keeping the Love Alive Program Agreement

This Ready to Love Again Program Agreement is made between Heart’s Desire International, LLC (“Heart’s Desire,” “HDI,” or “We” Business the undersigned client, (“You”). Heart’s Desire and You hereby agree to the following:

You are entering into the Heart’s Desire International Ready to Love Again/Keeping the Love Alive Program whereby Gladys Diaz and/or Michelle Roza of Heart’s Desire International, will personally provide high-level group coaching to You over a 12-month period. You are entering into the Heart’s Desire International Keeping the Love Alive Program whereby Gladys Diaz and/or Michelle Roza of Heart’s Desire International, will personally provide high-level group coaching to You over a 12-month period. The Ready to Love Again/Keeping the Love Alive Group Coaching Program includes 1 monthly Training Session, 1 Group Coaching Call, lifetime access to all Recordings and Workbook Assignments, unlimited coaching and support via a Private Facebook group, and an in-person Client Retreat.

1. Limits on coaching calls: We will not schedule any coaching calls on major If the call schedule must be revised, You will be notified ahead of time with alternate day(s)/time(s) for the rescheduled calls. Every attempt will be made to adhere by the call schedule that will be provided prior to the first coaching call. 

1. The cost of the 12-Month is $15,000*, including an Initial Deposit of $1000* due upon registration (*Please see special Event Pricing details in the Payment Authorization section for exceptions). Payment for the Ready to Love Again/Keeping the Love Alive Program can be paid in full upon registration, which will result in a reward bonus of $1000, or spread out over twelve monthly payments of $1167* per month beginning 30 days after the Initial Payment has been made. If you opt to pay in monthly installments, you hereby agree to remit the monthly payments via pre-authorized automatic electronic debit toyour banking account or credit card, which will be charged at the beginning of every month, and continuing for 12 consecutive months. Payments are not refundable for any reason. Payments are due regardless of whether or not you fully and faithfully participate in the

While Heart’s Desire International is absolutely convinced that you will derive great benefits from our Ready to Love Again/Keeping the Love Alive Program and that You should become as successful as You envision, We, of course, cannot represent or guarantee that you will attain a relationship by the end ofCoaching As with any personal endeavor, each individual’s success depends on many factors, including your personal motivation, time commitment, how effectively you implement the strategies taught, and your efficiency in following up on each phase. The cost of this Program is an “investment” in yourself and your personal development, and, as with any investment, there is both great potential for a great return on yourinvestment, and a risk that there is no return on this investment. We can guarantee, however, that you WILL learn valuable and transformational personal and relationship skills that, when followed by others, have led to achieving life-changing results.

You acknowledge and understand that the methods, processes and strategies taught in the Ready to Love Again/Keeping the Love Alive Program constitute ourProprietary Process which is confidential, and for which we claim copyright We have spent considerable time and efforts in developing this Proprietary System, which includes all materials associated with the Ready to Love Again/Keeping the Love Alive Program, all relationship coaching methods taught and demonstrated, and all associated coaching advice. You agree, to maintain the absolute confidence of our Ready to Love Again/Keeping the Love Alive Program and Proprietary System and agree not to duplicate, disseminate, distribute or otherwise disclose any part to any third parties, for any reason, unless it is part of the Ready to Love Again/Keeping the Love Alive Program. or unless required by legal process. You further acknowledge that the Proprietary System and the Program(s) are and shall remain the property of Heart’s Desire International, and that you shall not infringe upon any part of the Proprietary System or Ready to Love Again/Keeping the Love Alive Coaching Program, nor claim any part as your property, nor attempt to replicate or copy any part for your own competitive benefit. You further agree that your violation of this provision will cause substantial harm to Heart’s Desire International, and forwhich we may seek all legal redress, which may include an injunction or substantial damages.

Should you fail to remit any of the required payments on time, and have not corrected the situation in a prompt manner, Heart’s Desire International may terminate further services, and you will be responsible for the remaining balance of the Ready to Love Again/Keeping the Love Alive Coaching We may also terminate services if, in our sole opinion, You are conducting yourself in a manner which is disparaging or disruptive toHeart’s Desire International or infringes upon Heart’s Desire International or violates the confidentiality covenant stated above. In no event will any refunds will be issued.

*As part of my participation in this program, (AND OTHER THAN FOR PRIVATE COACHING SESSIONS), I agree that Gladys Diaz, Michelle Roza, and Heart’s Desire International may video record, audio record, photograph or otherwise capture my likeness, voice, images,interviews, and statements made, and hereby assign to Gladys Diaz, Michelle Roza, and Heart’s Desire International all rights and title to have and to use, royalty free, any portion of my participation, for advertising and marketing purposes, documentary purposes, informational purposes, training purposes, or any other related purposes for Heart’s Desire International.

NON-DISPARAGEMENT. During the term, and in perpetuity, of this agreement with Heart’s Desire International, The Client agrees not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of Heart’s Desire International its employees, contractors, directors, and officers. The Client acknowledges and agrees that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to the news media, social media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), and clients.The Client understands and agrees that this Paragraph is a material provision of this Agreement and that any break of this Paragraph shall be a material breach of this Agreement and that each Party would be irreparably harmed by violation of this provision.

 

Monthly payments will be withdrawn on the 15th or 30th  of the month.

I authorize Heart’s Desire International to charge the agreed amount listed above to my credit card provided herein. I agree that I will pay for this purchase in accordance with the issuing bank cardholder agreement.

Heart’s Desire International Refund Policy: We do this because we love seeing women succeed in having the life and love their hearts desire and it is an incredible experience to watch someone grow personally and realize their dreams by using our services. We also know all the hard work and time that goes into our products and coaching. Because of all that hard work, our fees are non- refundable. Don’t panic. Our guarantee is to provide you with all of the support, guidance you need to be successful in life and relationships.

*Money-Back Guarantee: Valid only if you attend all three (3) days of the Extraordinary Love Intensive and complete in full all three (3) Extraordinary Love Intensive Assignments during the course of the event and on time.