Terms of Use

Last updated on August 13th, 2019

The Heart and Soul Academy (together with its affiliates and subsidiaries, "we", "us", "our" and terms of similar meaning) provides this Website (https://www.theheartandsoulacademy.org) (this site and any software provided by the the Heart and Soul Academy for use with the site, the "Site") to you subject to these terms of use (these "Terms"). In these terms we describe users ("Users") of the Site as both registered and unregistered users.

Please read the following Terms of Use relating to your use of The Heart and Soul Academy’s site and all the sites of its online presence carefully. By accessing, using, or browsing the site, you agree to be bound by the following Terms of Use that govern the Academy’s online presence, and all applicable laws and regulations governing the site.

We reserve the right to modify these Terms and conditions contained within these Terms, or any policy or guideline of the site, at any time, effective immediately upon posting on the site, and at the sole discretion of the Site owner and operator. Please check this page periodically for changes. By using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or have been notified about them. If at any time you choose not to accept these terms of use, please do not use this site or any of our sites.

 

Owners and Collectors of Information

These terms of use apply to your use of all of the Sites and services owned, hosted, or operated by The Heart and Soul Academy (collectively “we,” “us,” or “our”), including TheHeartAndSoulAcademy.org, and any other site that we have owned or operated, do own and operate or may own or operate in the future, including social media sites (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these Terms of Use include all such Sites. These Terms of Use do not apply to your use of unaffiliated Sites to which any of the Sites may link to or direct you to. 

If you have any questions about these terms of use you may contact us at:

The Heart and Soul Academy
dhebi@theHeartAndSoulAcademy.com

 

Restrictions

The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. “The Heart and Soul Academy” is trademarked by Dhebi DeWitz, and all information on the Sites is copyrighted by Financially Free, LLC. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.

Submissions

We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics for our courses, programs, products, or within our newsletters. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.

User Contributions to the Site 

The contributions of third parties do not necessarily represent the view or opinions of The Heart and Soul Academy, as simply cannot preview all User content before it appears. Users can be held liable for any illegal or prohibited User content they provide to the site, including among other things, infringing, defamatory or offensive materials. However, if you discover this kind of material on the site, please notify us at dhebi@theHeartAndSoulAcademy.com. We will investigate your claim and take appropriate action. If you post any original content to the site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the site, you authorize us to use or allow others to distribute, reproduce or otherwise use the content. The Heart and Soul Academy is not liable for any lost data resulting from the operation of our site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they submit to the site. 

Non-Academic Institutions

Please note The Heart and Soul Academy is not an accredited academic institution and does not issue diplomas or academic certifications or degrees. We do not accept student loans or provide student aid under any programs. We are a for-profit training and research center for personal and professional development.

 

Parental Permission

The Sites are not directed to children under the age of 14 and we will not knowingly collect personally identifiable information from children under 14. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

 

Explicit Language & Mature Content

On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language. Users who are uncomfortable with such topics or language should not use our Sites.

 

Confidentiality and Non-Compete

Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.

 

Prohibited Content

The following is a partial list of the kind of content which is illegal or prohibited on the site

…it includes content that is:

  • Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 

  • Is or could be harmful to minors; 

  • Harasses or advocates harassment of another person;  

  • Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; 

  • Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous; 

  • Promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices; 
    providing pirated content or links to pirated content files; 

  • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); 

  • Displays pornographic material of any kind; 

  • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; 

  • Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone's privacy; providing or creating computer viruses; 

  • Solicits passwords, personal identifying information for commercial or unlawful purposes from other users.

While The Heart and Soul Academy prohibits such conduct and content on the Service, you understand and agree that the Academy cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

Additional Site Use Conditions include:

  • You must be 14 years of age or older to use The Heart and Soul Academy Services.

  • You must be a human. Accounts registered by any automated means are not permitted.

  • You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process.

  • Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.

  • You are responsible for maintaining the security of your account and password. The Heart and Soul Academy cannot and will not be liable for any loss or damage resulting from your failure to comply with security protocols.

  • You are responsible for all content posted and activity that occurs under your account.

  • You may not use the Service for any illegal or unauthorized purpose such as copying and distributing copyrighted materials. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

Violation of the Terms

You understand and agree that in The Heart and Soul Academy’s sole discretion, and without prior notice, The Heart and Soul Academy may terminate your access to the site, and remove any unauthorized User content. The Heart and Soul Academy may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

Payment, Refunds, Upgrading and Downgrading Terms

  • A valid credit card or PayPal account is required for paying accounts.

  • Payments are charged in advance of all services and are non-refundable regardless of how you choose to use the services provided. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, for months unused or sessions not utilized. Fees for coaching sessions are also non-refundable. We try our best to treat everybody equally, so no exceptions will be made.

 

Cancellation and Termination

  • All of your data will remain intact upon expiration of your membership for a period of 3 months. Only written request to delete the account data will result in the loss of the account Data sooner. Similarly, you can request that your data be kept longer if you expect to return soon thereafter.

  • If you cancel your account before the end of your current paid up term, your cancellation will take effect immediately and you will not be charged again. You will of course receive the full service you have paid for until your term runs out. 

  • The only exception to item #2 is coaching sessions, which need to be used within the designated period of your program. You can request a reasonable extension if desired which will normally be granted. However, it is vital to understand that coaching sessions need to be utilized within a structured time period in order to be effective and produce the desired results.

 

Modifications to the Service and Prices

  • The Heart and Soul Academy reserves the right to modify or discontinue, temporarily or permanently, any Services (or any part thereof). When this happens, we will post a prior written notice in our Membership Area, or by email, whichever is most appropriate.

  • Prices of all Services, including but not limited to subscription plans, may be subject to change.

  • The Heart and Soul Academy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of services.

 

Copyright and Content Ownership

  • All course materials and downloadable documents from our website, library, website articles, blog posts, program descriptions and entries will remain the intellectual property of The Heart and Soul Academy. Copying and distributing information with non-authorized individuals is forbidden unless specific permission for this has been granted. Feel free to inquire about this if you are unsure how to proceed.

 

General Conditions

  • Your use of the Service is at your own risk. The service is provided on an “as is” and “as available” basis.

  • You understand that The Heart and Soul Academy uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website, Courses, Products distribution, and Membership Areas.

  • You agree not to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with The Heart and Soul Academy.

  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by The Heart and Soul Academy except for any situations where this is expressly approved.

  • We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, otherwise objectionable or which violates any party’s intellectual property or these Terms of Service.

  • Verbal, physical, written or other abuse (including threats of abuse or retribution) by any Heart and Soul Academy customer, member, client or subscriber will result in immediate account termination.

  • You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  • The Heart and Soul Academy does not promise that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, courses, programs, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the website or Service will be corrected.

  • You expressly understand and agree that The Heart and Soul Academy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, such as loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

  • The failure of The Heart and Soul Academy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Heart and Soul Academy and govern your use of the Service, superseding any prior agreements between you and The Heart and Soul Academy.

  • Questions about the Terms of Service should be sent to: dhebi@theHeartAndSoulAcademy.com

  • By using this website you consent to our Terms of Use


Commenting Policy

We never censor comments based on ideological point of view. We only delete those comments that are abusive, off-topic, use excessive foul language, include ad hominem attacks, or include spammy links. We ask that all commenters and forum posters remain respectful of others. 

 

Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State of South Carolina, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the State of South Carolina. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our Sites.