Terms of Use
Introduction
This is who we are and some general legal stuff about being bound by the terms below; also how we resolve disputes (but hopefully there will never be any!). The following terms and conditions (the “Agreement”) govern all use of the “Heart Mind Way” website located at www.heartmindway.com (“Website”) and our mobile application (if available, “App”) (collectively, the “Service”). The Service is provided to you by Heart Mind Way LLC, (“Heart Mind Way”, “Us”, “We, or “Our”). The Service is subject to your (“You” or “Your”) acceptance without modification of all of the terms and conditions contained herein. By using the Service you agree to these terms and conditions. This Agreement includes any policies we post on the Website or in the App (such as our Privacy Policy). Special features provided by Heart Mind Way may be subject to different or additional terms or conditions. To the extent they conflict with this Agreement, such different or additional terms and conditions will control.
Heart Mind Way reserves the right to modify or replace any of the terms or conditions of this Agreement at any time. You may or may not be notified of such changes. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
You hereby certify to Heart Mind Way that You are at least 16 years of age. In jurisdictions where 16 is not the age of consent to contract, You represent and warrant that You have all necessary authorizations and permissions from an appropriate legal guardian. You also certify that You are otherwise legally permitted to use the Service.
IMPORTANT: BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH HEART MIND WAY THROUGH BINDING ARBITRATION INSTEAD OF COURT (WITH SOME LIMITED EXCEPTIONS) AND YOU WAIVE THE RIGHTS TO PARTICIPATE IN CLASS ACTION SUITS, AS DETAILED BELOW.
Scope
This is what Heart Mind Way is. The Service is a venue where individuals ("Students") can access educational content (“Content”) created by instructors ("Instructors"). The Content spans a variety of subject areas to help cater to the diverse interests of the Students who use the Service. This Agreement governs general use of the Service by both Students and Instructors. To the extent special terms apply to Students and not Instructors (or vice versa) it will be expressly noted below.
Restrictions
This is stuff You shouldn’t do. You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or an part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for any commercial purpose; (iv) remove or obscure any proprietary notices on or in the Service; (v) use the Service for any unlawful purpose; (vi) access any Heart Mind Way product or service not explicitly permitted by these terms; (vii) send unwanted messages or emails (i.e.,“spam”) through the Service; (viii) send any harassing, defamatory or illegal content through the Service (or any content that otherwise infringes or violates the rights of any third party); (ix) use domain names or web URLs in Your username without Our prior written consent; (x) interfere or disrupt the Service in any way; or (xi) access the Service via any automated means including without limitation scripts, bots, spiders, crawlers, or scrapers (except for search engines such as Google). As between the parties, Heart Mind Way shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.
Information You submit to Us
Please give Us correct information and keep it up-to-date. In the event You submit any information to the Service (such as during the registration process or entry of Your credit card payment details), You represent and warrant that You have full right and authority to do so, will not violate any laws or regulations or third party rights, and that such information is complete and accurate at all times. You must not share Your Service log-in details with anyone.
General content
You can use content on Service only for purposes of using the Service for the purpose for which it is provided. You agree that the Service contains information and other content specifically provided by Heart Mind Way or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Heart Mind Way in writing, You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. Reproducing, copying or distributing any such content, including any materials or design elements on the Service, for any other purpose is strictly prohibited without the express prior written permission of Heart Mind Way.
If You are a Student the following applies:
Subject to the terms and conditions of this Agreement (including, without limitation, the donation or payment to Heart Mind Way of any associated fees), You have the limited, non-exclusive right to view Content on the Website or in the App solely for Your own non-commercial, educational purposes. With respect to any particular Content, unless your access is terminated or suspended by Heart Mind Way pursuant to this Agreement, you will have access to such Content for so long as it is published and generally accessible to other Students. You will not allow any third party access to the Content. In addition, You will not, and will not allow any third party to: modify, create derivatives of, copy, reproduce, alter, redistribute or otherwise use the Content except as expressly set forth in this paragraph or as expressly posted on the Website or in the App by Heart Mind Way. You may only download the Content to the extent the Service contains such functionality for the applicable Content. Upon termination of Your Service account – the foregoing right to access and view the Content will terminate. Content is licensed – not sold – to You. This license is solely between You and Heart Mind Way. No license is granted by any Instructor to You in connection with the Service.
User submissions
The following applies to content posted, uploaded or streamed to the Service by Students or Instructors – other than the Content. Anything You post, upload, transmit, share, store, or otherwise provide through the Service ( other than the Content) is Your “User Submission”. For example, You may submit a question to an Instructor, answer a question, or post a comment in a discussion forum. Some User Submissions are viewable by other users. In order to display Your User Submissions on the Services, and to allow other users to enjoy them (where applicable), You grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also Your personally identifiable information. For all User Submissions, You hereby grant Heart Mind Way a license to translate, modify (for technical purposes, for example making sure Your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – Your ownership in User Submissions is not affected. If You store a User Submission in Your own personal Heart Mind Way account in a manner that is not viewable by any other user except You (a “Personal User Submission”), You grant Heart Mind Way the license above, as well as a license to display, perform, and distribute such Personal User Submission for the purpose of making that Personal User Submission accessible to You and providing the Services necessary to do so. If You share a User Submission only in a manner that only certain specified users can view (for example, a private message to a few other users) (a “Limited Audience User Submission”), then You grant Heart Mind Way the licenses above, as well as a license to display, perform, and distribute Your Limited Audience User Submission for the purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the services necessary to do so. Also, You grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. If You share a User Submission publicly on the Services (like a discussion forum) and/or in a manner that more than just You or certain specified users can view, or if You provide Us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then You grant Heart Mind Way the licenses above, as well as a license to display, perform, and distribute Your Public User Submission for the purpose of making that Public User Submission accessible to all Heart Mind Way users and providing the services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Heart Mind Way’ business for any purpose. Also, You grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You agree that all of the licenses You grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when You delete Your Heart Mind Way account, we will stop displaying Your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but You understand and agree that it may not be possible to completely delete that content from Heart Mind Way’ records, and that Your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. Finally, You understand and agree that Heart Mind Way, in performing the required technical steps to provide the Service to Our users (including You), may need to make changes to Your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Content restrictions
When you share information, be skillful. You represent, warrant, and agree that You will not contribute any User Submission or otherwise use the Service or interact with the Service in a manner that: Infringes or violates the intellectual property rights or any other rights of anyone else (including Heart Mind Way); Violates any law or regulation, including any applicable export control laws; Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of Your Heart Mind Way account or anyone else’s (such as allowing someone else to log in to the Services as You); Attempts, in any manner, to obtain the password, account, or other security information from any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes; Runs Maillist, Listserv, any form of auto-responder or “spam” on the Service, or any processes that run or are activated while You are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Service’s infrastructure); “Crawls,” (except for search engines such as, Google) “scrapes,” or “spiders” any page, data, or portion of or relating to the Service, Content or User Submissions (through use of manual or automated means); Except to the extent downloads are allowed in this Agreement, copies or stores any significant portion of the Content or User Submissions; Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service. A violation of any of the foregoing is grounds for termination of Your right to use or access the Service.
Donations
You can donate and help support the Heart Mind Way. Your donations are what make Heart Mind Way possible. When You donate, You hereby authorize Heart Mind Way and its third party payment processor to charge Your payment for Your donation. All donations are non-refundable. You will ensure that Your payment details (such as Your credit card number) are accurate and up-to-date at all times. Other products and services available through the App or Website may have other associated fees. To the extent You purchase other products or services – You hereby authorize Heart Mind Way and its Third Party Provider (for payments) to charge Your credit card for such payment(s).
You agree that You alone are responsible for any data charges You incur through Your use of the Service.
Warranty disclaimer
We disclaim all legal warranties with respect to the Service.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HEART MIND WAY AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES, BUGS, DEFECTS OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET YOUR EXPECTATIONS. HEART MIND WAY MAKES NO WARRANTIES WITH RESPECT TO ANY CONTENT POSTED TO OR TRANSMITTED THROUGH THE SERVICE BY ANY USERS. IN ADDITION, HEART MIND WAY AND ITS THIRD PARTY PROVIDERS AND LICENSORS MAKE NO WARRANTIES WITH RESPECT TO ANY ACTS OR OMISSIONS OF ANY MOBILE CARRIERS.
YOU ACKNOWLEDGE THAT NO WARRANTIES ARE MADE BY HEART MIND WAY WITH RESPECT TO ANY USER SUBMISSIONS OR STUDENTS OR INSTRUCTORS OR THEIR CONTENT. YOU (I) ACCESS AND USE SUCH USER SUBMISSIONS AND CONTENT AT YOUR OWN RISK AND (II) ENGAGE SUCH INSTRUCTORS AT YOUR OWN RISK.
HEART MIND WAY MAKES NO WARRANTIES WITH RESPECT TO THE EDUCATIONAL VALUE OF ANY CONTENT OR THE BENEFITS YOU WILL RECEIVE FROM ANY USER SUBMISSIONS OR CONTENT.
THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
Our legal liability is limited in a number ways. HEART MIND WAY AND ITS THIRD PARTY PROVIDERS AND LICENSORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OWNERS, AND LICENSORS WILL NOT BE LIABLE WITH RESPECT TO ANY INSTRUCTOR ACTS, OMISSIONS OR CONTENT (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY DEFICIENCY IN EDUCATIONAL QUALITY OF ANY SUCH CONTENT). IN ADDITION, IN NO EVENT SHALL HEART MIND WAY, OR ITS THIRD PARTY PROVIDERS OR LICENSORS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OWNERS, OR LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE, CONTENT, USER SUBMISSIONS, INSTRUCTORS OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, FOR ANY: (I) ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) ANY BUGS, VIRUSES, TROJAN HORSES, DEFECTS OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) THE LOSS OF ANY DATA OR OTHER TECHNICAL ISSUES, OR DAMAGES TO YOUR PHONE, MOBILE DEVICE OR OTHER HARDWARE OR SOFTWARE THAT IS CAUSED BY THE SERVICE OR ANY OF Heart Mind Way’ SYSTEMS, APPLICATIONS, CODE, PROCESSES OR METHODS, (IV) ANY DAMAGES CAUSED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, LANDLINE AND MOBILE CARRIERS, (V) ANY DAMAGES CAUSED BY MATTERS BEYOND Heart Mind Way’ REASONABLE CONTROL (SUCH AS ACTS OF GOD OR TELECOMMUNICATION FAILURES), (VI) ANY CONTENT OR USER SUBMISSIONS OR (VII) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE AMOUNTS YOU HAVE PAID TO Heart Mind Way IN THE THREE (3) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUED (OR, IF NO AMOUNTS HAVE BEEN PAID, SUCH CAP WILL BE US$50.00). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Indemnity
This is to protect us in case Your use of Heart Mind Way causes harm. You shall indemnify and hold harmless Heart Mind Way, its affiliates, its partners, and partners, employees, contractors, directors, suppliers, owners, and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with (i) Your breach of this Agreement, (ii) Your negligence, willful misconduct or violation of any laws or regulations or third party rights, (iii) any infringement or other violation of any third party rights by any of Your Content or User Submissions (as applicable). Heart Mind Way reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully assist and cooperate with Heart Mind Way in asserting any available defenses.
Termination
You can terminate at any time and so can we. If You want to terminate this Agreement – You must cancel Your Service account. You can cancel Your Heart Mind Way account by using the account cancellation features available on the Website or in the App. Heart Mind Way may terminate or suspend Your access to the Service at any time, with or without cause. Upon termination, You will no longer access (or attempt to access) the Service (and, for clarity, You will no longer have the right to access any Content). Heart Mind Way may terminate this Agreement – or suspend Your access to the Service – at any time with or without notice. If You terminate this Agreement, or Heart Mind Way terminates for Your breach of this Agreement, You will not be refunded any of the amounts You have paid Heart Mind Way. Such amounts will be forfeited. If Heart Mind Way terminates for any reason other than Your breach of this Agreement, We will refund to You a pro-rata portion of the fees You have paid Heart Mind Way for the then-current Content. In the event of any termination of this Agreement, You are responsible for payment of all Service charges up through the date of termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability and dispute resolution provisions. In addition, all fees owed to an Instructor on the termination date will be paid within 60 days from such date; provided that, all such fees will be forfeited by the Instructor if this Agreement is terminated by Heart Mind Way for such Instructor’s breach.
Privacy
We take privacy seriously so please check out our Privacy Policy! Heart Mind Way takes the privacy of its users very seriously. We strongly urge You to review our Privacy Policy. The policy is located on the Website. We have endeavored to make our policy very straightforward and clear.
Apple device terms
If You are using Heart Mind Way on an Apple device (like an iPhone) – these terms apply.
In the event You are using the App in connection with a device provided by Apple, Inc. (“Apple”), the following shall apply: Both You and Heart Mind Way’ acknowledge that this Agreement is concluded between You and Heart Mind Way’ only, and not with Apple, and that Apple is not responsible for the App or any content available thru the App; You will only use the App in connection with an Apple device that You own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; In the event of any failure of the App to conform to any applicable warranty, including those implied by law, You may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to You will be to refund to You the purchase price, if any, of the App; You acknowledge and agree that Heart Mind Way, and not Apple, is responsible for addressing any claims You or any third party may have in relation to the App; You acknowledge and agree that, in the event of any third party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, Heart Mind Way, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties; Both You and Heart Mind Way acknowledge and agree that, in Your use of the App, You will comply with any applicable third party terms of agreement, which may affect or be affected by such use; and Both You and Heart Mind Way acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as the third party beneficiary hereof.
Disputes with users
We are not involved in any disputes You may have with other users. If there is a dispute between You and any other Service user(s) (Students, Instructors, etc.), You agree that Heart Mind Way is under no obligation to become involved. In the event that You have a dispute with one or more other users, You release Heart Mind Way, its officers, employees, agents, owners, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If You are a California resident, You shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Dispute resolution
If a dispute ever arises between us and You (which hopefully will never ever be the case), here is how it will be dealt with. We prefer arbitration over court, but provide You with an option to opt-out of it. Let's Try to Work It Out. Ideally, if You have any concerns or complaints against Heart Mind Way, We would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against Heart Mind Way, You agree to try to resolve the dispute informally by contacting Us. Heart Mind Way will attempt to resolve the dispute informally. If a dispute is not resolved within 45 days of submission, You may bring a formal proceeding.
Arbitration.
Any disputes that are not settled informally shall be settled by binding arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement between You and Heart Mind Way. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Detroit, Michigan using the English language. Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a court (see the “General” section below) at any time.
Opt-out of Agreement to Arbitrate.
You can decline this agreement to arbitrate by notifying Heart Mind Way in writing within 30 days of the date that You first become bound by this Agreement. Your opt-out request must be sent to:
Heart Mind Way
2075 West Stadium Blvd. #1945
Ann Arbor, MI 48106
You must include Your name and residence address, the email address You use for Your Service account, and a clear statement that You want to opt-out of this arbitration agreement.
No Class Actions.
You may only resolve disputes with Heart Mind Way on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. This paragraph will not apply to the extent prohibited by applicable law.
Going to Court.
Subject to the arbitration provision above, You agree that the exclusive jurisdiction and venue for all disputes arising in connection with this Agreement shall be in the state and Federal courts located in Detroit, Michigan. You hereby submit to such jurisdiction and venue.
Customer Feedback
We love to get our users feedback regarding the Service. Heart Mind Way encourages Our users to submit comments, suggestions, error reports, or support inquiries to Heart Mind Way (“Feedback”). If You provide Heart Mind Way with any Feedback You shall and hereby do grant Heart Mind Way an irrevocable, perpetual, non-exclusive, sublicensable, transferable, fully paid-up, royalty free, worldwide right and license to use, reproduce, distribute, develop and otherwise exploit, for any purposes, all right, title and interest in and to such Feedback.
General
These are the rest of our terms. Stuff dealing with how this Agreement should be read, what laws apply, etc. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Heart Mind Way shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Heart Mind Way’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference) – and as noted above, Heart Mind Way is not liable for the acts or omissions of Your landline or mobile carrier. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Heart Mind Way’ prior written consent. Heart Mind Way may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan, as if made within Michigan between two residents thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing and signed by both parties, except as otherwise provided herein. All such notices to Heart Mind Way must be sent to: Heart Mind Way 2075 West Stadium Blvd. #1945 Ann Arbor, MI 48106. All such notices to You may be sent to the email address or physical address You provide during the Service registration process (and You will immediately update such information in Your Service account settings it changes). No agency, partnership, joint venture, or employment is created as a result of this Agreement.