Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by HeartCore Business, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your https://www.heartcorebusiness.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and HeartCore Business may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause HeartCore Business liability. You must immediately notify HeartCore Business of any unauthorized uses of your blog, your account or any other breaches of security. HeartCore Business will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by HeartCore Business or otherwise.
- By submitting Content to HeartCore Business for inclusion on your Website, you grant HeartCore Business a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, HeartCore Business will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, HeartCore Business has the right (though not the obligation) to, in HeartCore Business’s sole discretion (i) refuse or remove any content that, in HeartCore Business’s reasonable opinion, violates any HeartCore Business policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in HeartCore Business’s sole discretion. HeartCore Business will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay HeartCore Business the one-time and/or monthly, quarterly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly, quarterly or annual subscription period as indicated. If you purchased Mentor Me Shanda, or any other monthly, quarterly or subscription program, and would like to cancel — you may do so by completing a 50% buyout on the remainder of your subscription. The Club is a month to month subscription and may be cancelled at any time. There are no refunds for money already collected. All sales are final. Any payments made 12 months prior (regardless of the purchase terms), are non-refundable. Occasionally HeartCore Business will offer discounts on the programs. If you make a purchase and HeartCore offers a discount on the program AFTER YOUR PURCHASE, you are not granted a refund of the difference.
- Automatic Renewal.
Unless you notify HeartCore Business before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. HeartCore is not obligated to refund any charges that occurred before your cancellation request. Upgrades can be canceled at any time by submitting your request to HeartCore Business in writing.
- HeartCore Leadership is a 4-month commitment between HeartCore and You. HeartCore agrees to provide the services described in the Leadership agreement and you agree and accept to make the payments as you agreed to on the order form. You agree and accept to remit the down payment and the balance payments to HeartCore via a pre-authorized automatic electronic debit to the bank account or credit card(s) on file. You agree and accept to make the down payment and balance payments regardless of Your level of participation in the Program. Once training is started, no refunds (partial or complete) will be granted. This supersedes any money back guarantee. If you opted to use the multi-pay option, consecutive payments are automatically drawn from the credit card or PayPal account on file at 30 day increments after registering except when enrolling within one month of the start date of your training. Consecutive payments will be drawn where tuition must be paid in full prior to the start of the Breakthrough course. Outstanding balances must be paid in full before continuing with the training. Within one month of a training date, only the 1-pay option will be available. If you need to change the dates of your Leadership Program, a change fee of $500 will occur. If you would like to attend the HeartCore Leadership date and reserve your seat for a date that is currently not published on the website, you may register under another training date and submit a request to email@example.com indicating your intention to attend a future training within 48 business hours of of your purchase. The $500 fee will be waived under this circumstance.
- PACE & Marketing Mastery — The Programs are a 12-month commitment between HeartCore and You. HeartCore agrees to provide the services described in the program agreement. In exchange for these services, You agree and accept to either make a pay in full payment or pay monthly over the course of 12 months as selected in step 2 of the order form. You agree and accept to remit the down payment and the balance payments to HeartCore via a pre-authorized electronic debit to the bank account or credit card(s) on file. You agree and accept to make the down payment and balance payments regardless of Your level of participation in the Program.
- Cancellation of PACE, Marketing Mastery or Leadership — If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if You fail to make any two payments on time, HeartCore is permitted to cancel Your participation in the Program. Upon cancellation, You agree and accept to pay to HeartCore a cancellation fee equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the agreement. The cancellation fee is due immediately and HeartCore is authorized to collect such fee immediately, including by debiting Your bank account or credit card(s) on file. You agree and accept that the cancellation fee is an amount of agreed upon damages and is not a penalty. HeartCore shall have no further obligations to perform under this Agreement following cancellation. If You sign up for the Program online through our website, the purchase is final with no cancellation period. If You sign up for the Program at a HeartCore live event, you may cancel in writing using the Cancellation instructions supplied by HeartCore.
- General Terms.
- By signing up for a Services account you agree to pay HeartCore Business the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. if you are delinquent on your order, HeartCore Business reserves the right to change the payment terms and fees and attempt all cards on file that you authorized HeartCore to use.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by HeartCore Business to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free https://www.heartcorebusiness.com services. All support will be provided in accordance with HeartCore Business standard services practices, procedures and policies.
- Responsibility of Website Visitors. HeartCore Business has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, HeartCore Business does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HeartCore Business disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://www.heartcorebusiness.com links, and that link to https://www.heartcorebusiness.com. HeartCore Business does not have any control over those non-HeartCore Business websites and webpages, and is not responsible for their contents or their use. By linking to a non-HeartCore Business website or webpage, HeartCore Business does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HeartCore Business disclaims any responsibility for any harm resulting from your use of non-HeartCore Business websites and webpages.
- Copyright Infringement and DMCA Policy. As HeartCore Business asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://www.heartcorebusiness.com violates your copyright, you are encouraged to notify HeartCore Business in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. HeartCore Business will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. HeartCore Business will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of HeartCore Business or others. In the case of such termination, HeartCore Business will have no obligation to provide a refund of any amounts previously paid to HeartCore Business.
- Intellectual Property. This Agreement does not transfer from HeartCore Business to you any HeartCore Business or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with HeartCore Business. HeartCore Business, https://www.heartcorebusiness.com, the https://www.heartcorebusiness.com logo, and all other trademarks, service marks, graphics and logos used in connection with https://www.heartcorebusiness.com, or the Website are trademarks or registered trademarks of HeartCore Business or HeartCore Business’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any HeartCore Business or third-party trademarks.
- Advertisements. HeartCore Business reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. HeartCore Business reserves the right to display attribution links such as ‘Blog at https://www.heartcorebusiness.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. HeartCore Business reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. HeartCore Business may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. HeartCore Business may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your https://www.heartcorebusiness.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by HeartCore Business if you materially breach this Agreement and fail to cure such breach within thirty (30) days from HeartCore Business’s notice to you thereof; provided that, HeartCore Business can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. HeartCore Business and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HeartCore Business nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Use of Likeness. You agree and accept that HeartCore is authorized to record, photograph, or otherwise capture Your likeness, voice, images, interviews, and statements made in connection with Your participation in the Program (except for private coaching sessions) for HeartCore’s own use. You hereby assign to HeartCore all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Your participation in the Program for advertising, marketing, documentary, informational, training, or any other lawful purpose.
- HeartCore Does Not Guarantee Results. HeartCore is convinced You will derive great benefits from Your participation in the Program and is dedicated to helping You become as successful as You envision. However, HeartCore does not guarantee or represent in any way that You or Your business will attain a certain level of sales, profits, earnings, or any other metric of success, either in the short-term or long-term. You and Your business’s success depends on many factors, including but not limited to Your personal motivation, Your time commitment, how effectively You implement the strategies taught in the Program, Your efficiency in following up on each phase of the Program, and the particular market and industry in which Your business operates. Your participation in this Program is an investment. None of the stories shared or examples used in HeartCore’s materials, on its website, or during its calls or events is a guarantee of any particular result or success. HeartCore disclaims any express or implied promise or representation other than those contained in this Agreement
- Confidentiality. You agree and accept that HeartCore’s methods, processes, and strategies taught in the Program are the sole and exclusive property of HeartCore and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law. HeartCore’s system includes all materials associated with the Program and the related VIP Client Coaching Program, all business coaching strategies We teach, and all associated coaching advice. You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Program, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to HeartCore so that We can take appropriate legal action to protect HeartCore’s interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree and accept that any violation of the terms of this Section 5 will cause substantial and irreparable harm to HeartCore and that HeartCore is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.
- Limitation of Liability. In no event will HeartCore Business, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HeartCore Business under this agreement during the twelve (12) month period prior to the cause of action. HeartCore Business shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless HeartCore Business, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Arbitration Agreement. HeartCore and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, HeartCore and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either HeartCore or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, which decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in San Diego, California, unless otherwise required by law.