Last Updated on: November 18, 2020
This website is owned and operated by The Heart University, LLC (hereafter “Our”, “We” or “Company”). Our principal place of business is located in Honolulu, Hawaii.
Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions of Use contained on this page is subject to change at any time.
You must be at least 13 to use Our website, downloadable templates, online courses, and products.
Intellectual Property Notice
All text, photographs, graphics and other materials on this site are subject to the copyrights and other intellectual property rights of The Heart University, LLC, and are protected by United States Copyright Laws (USC Title 17). Website materials may not be copied for any reason, including your personal use, commercial use, or distribution, nor may these materials be modified or reposted to other sites, without the prior express written permission of Company. We may prosecuted You to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
Company owns the following Trademark(s): The Heart University™ Reg. No. 88703996
Digital Products & License to Use
By purchasing any product or course from The Heart University, LLC on this website, You are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased. If You violate this license by giving or selling a copy of our product(s) to anyone, We reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our products permanently.
Digital Products Return Policy
Digital products including, but not limited to, website templates, graphics, educational guides, PDF downloads/guides, videos, legal templates, photography guides, photography presets, etc., which are downloadable, are non-refundable under any and all circumstances upon purchase due to the immediate nature of delivery of the digital product(s).
Online Course Return Policy
Company provides a 30-day money-back guarantee for any online course purchase. If course student does not request the refund within 30 days, no refund will be given. You must complete the entire course and submit proof of work performed and explain Your best efforts to achieve results pursuant to a refund requirement document provided by Company. Company, in its sole discretion, will determine if You are entitled to a refund. Upon determining that a refund will be given, Company will notify its payment processor to issue the refund. Company does not control its payment processor and the refund will be processed according to that company’s terms and conditions. Any refund given will immediately terminate Your access to the Course.
Online Course Additional Terms [Read Carefully Before Purchasing Any Course]
After purchasing an online course from Company, You will be given access to the online course materials in Kajabi by Company within 24 hours. You will have lifetime access to the Course materials so long as the course is available. In the event Company takes the course offline, Company will notify You within 30 days and You will be able to download the course materials onto Your own media storage.
You shall only have one license to access the course and use course materials. You understand and agrees that the course materials may not be shared with any third party. In the event Company suspects that the course is being shared or that You has shared his/her log-in information with a third party, Company reserves the right to immediately terminate You’s access to the course in its sole discretion.
In consideration for access to the Course provided by Company, You agree to compensate Company as follows: You may either (1) pay the full fee; or (2) pay in equal installments over the allotted months as outlined in the payment invoice. In the event You elect a payment plan, subsequent installments will be paid on the same day of each succeeding month until the entire amount has been paid in full. You understand and agrees that all payments on the installment plan must be paid on time and any default in payment will result in immediate removal from the course.
You will not be given access to the Course until either the full fee is paid, or the first installment payment is complete.
In the event You elect the payment plan option, You hereby authorizes Company to charge Your credit card or debit card on file automatically according to the terms set forth in this Agreement. By agreeing to the monthly payment plan You are required to complete all payments under the payment plan. If any eligible payment methods Company has on file for You are declined for a monthly payment, You shall provide a new eligible payment method promptly or You will be immediately removed from the Course and Company reserves the right to take You to collections for any unpaid monthly installments.
If You do not request a refund within the required refund policy of 30 days, You are required by law to complete the remaining payments of the payment plan. You understand Your membership will automatically continue and that You authorize Company (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for Your account. Company reserves the right to take You to collections or conduct further legal action for not completing payments.
By participating in the course, You will be asked to register with the course hosting platform to receive access to course materials. You shall select a username and password and may be asked to provide further personal information. You agree to allow Company access to this personal information for all lawful purposes. You are responsible for the accuracy of the identifying information, maintaining the safety and security of Your identifying information, and updating Company on any changes to Your identifying information.
The billing information provided to Company by You will be kept secure and is subject to the same confidentiality and accuracy requirements as Your identifying information indicated above. Providing false or inaccurate information, or using the course for fraud or unlawful activity, is grounds for immediate termination from the course.
Through Your participation in the course, You may post materials, comments, or replies to comments (“Student Contributions”) on course pages, materials, or the Facebook group. You grant Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Student Contributions.
Company does not make any guarantees as to the results, including financial or other personal or business gains, for You completing the course program. You agree to take responsibility for Your own results.
All course materials, documents, Facebook posts/comments/replies, emails, blogs, digital files, paper documents, and any other work created by Company in relation to the course is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). You hereby agree that Company’s course and accompanying content is owned by The Heart University, LLC, and is not to be used for purposes beyond Your sole implementation. You shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the course. Violations of this federal law will be subject to its civil and criminal penalties.
You have spent a satisfactory amount of time reviewing Company’s business and have a reasonable expectation that Company’s services throughout the course program will produce different outcomes and results for each student. You understand and agree that:
Every course student and final result is different.
Course content is intended for a mass audience and You understand that Company will use its best efforts to create favorable experiences to each student depending on their business and personal needs, but that no 1-on-1 services are expected or guaranteed.
Dissatisfaction with Company’s independent judgment or coaching/mentoring style within the course and in accompanying online platforms are not valid reasons for termination or request of any monies returned.
You are strictly prohibited from using the course and course materials for illegal spam activities, including, but not limited to, gathering contacts, email addresses, or other personal information from fellow course students and distributing such information to third parties or sending any mass commercial emails.
You agree that Your participation in the course and use of the course program is at Your sole and exclusive risk, and that any services provided by Company are on an “as is” basis. Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warrant of fitness for a particular purpose and the implied warrant of merchantability. Company makes no warranties that the course will meet your needs or that the course will be uninterrupted, error-free, or secure.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
While Company may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at email@example.com.
We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.
Company makes no income/financial claims, nor guarantees of any kind regarding the potential income that can be generated through Our website, communications, or your participation in the purchase of any of our products. Past results presented on the website are not an indication or promise of Your results. There is no guarantee You will earn any money using any of Our materials, and Your revenue is dependent solely on you and your actions or non-actions.
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time Company feels You have violated these Terms and Conditions, Company shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Company’s sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
The information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
Severability & No Waiver
If any part of these Terms and Conditions of Use is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect. Any failure by Company to enforce a provision of this Terms and Conditions of Use shall not constitute a waiver of any other portion or provision of this Terms and Conditions.
Headings and titles are provided in this Terms and Conditions of Use for convenience only and will not be construed as part of the legal terms.
Venue and Jurisdiction
Any and all disputes or disagreements rising between Company and You out of this Terms and Conditions of Use upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. Company and You agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Honolulu, Hawaii. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
Last Updated on: November 18, 2020
This website is owned and operated by a Hawaii company (hereafter “Our”, “We”, or “Company”). Our principal place of business is located in Honolulu, Hawaii.
Our mailing address is:
The Heart University, LLC PO Box 731, Waialua, HI 96791
For any privacy-related questions, you can reach us at firstname.lastname@example.org.
Personal Data: Personal Data is information that can be used to identify You specifically, including Your name, shipping address, email address, telephone number or demographic information like Your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on Our website or any mobile application. You provide some of this information when You register with or make purchases from Our website. You may also provide this information by participating in various activities associated with Our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but Your refusal may prevent You from accessing certain benefits from Our website or from making purchases.
Derivative Data: Derivative data is information that Our servers automatically collect about You when You access Our website, such as Your IP address, browser type, the dates and times that You access Our website, and the specific pages You view. If You are using a mobile application, Our servers may collect information about Your device name and type, Your phone number, Your country of origin, and other interactions with Our application.
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include Your name, Your social network username, location, email address, age, gender, profile picture, and any other public information. If You do not want us to access this information, please go to the specific social networking site and change Your privacy settings.
Mobile Device Data: If You use Our website via a mobile device or app, We may collect information about Your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, You may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that You are offering this kind of information in exchange for an entry into such a contest or giveaway.
Use of Information
Your information allows us to offer You certain products and services, including the use of Our website, to fulfill Our obligations to You, to customize Your interaction with Our company and Our website, and to allow us to suggest other products and services We think might interest You. We generally store Your data and transmit it to a third-party for processing. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website).
Specifically, We may use the information and data described above to:
1. Create and administer Your account; and
2. Deliver any products or services purchased by You to You; and
3. Correspond with You; and
4. Process payments or refunds; and
5. Contact You about new offerings that We think You will be interested in; and
6. Interact with You via social media; and
7. Send You a newsletter or other updates about Our company or website; and
8. Deliver targeted advertising; and
9. Request feedback from You; and
10. Notify You of updates to Our product and service offerings; and
11. Resolve disputes and troubleshoot any problems; and
12. Administer contests or giveaways; and
13. Generate a profile that is personalized to You, so that future interactions with Our website will be more personal; and
14. Compile anonymous statistical data for Our own use or for a third-party’s use; and
15. Assist law enforcement as necessary; and
16. Prevent fraudulent activity on Our website or mobile app; and
17. Analyze trends to improve Our website and offerings.
Disclosure of Information
The following are specific reasons why We may share Your information.
Third-party Processing: We may disclose Your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. For more information, see the “Third-party Processing” Section below.
By Law: We may share Your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use Your information to protect Our company, including to investigate and remedy any violations of Our rights or policies. We may also disclose Your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Advertisers: We may use third-party advertising companies to run and manage Our ads to produce ads that appears when You visit Our Website or mobile app. These companies may use information about Your visit to Our website and other websites that are contained in web cookies (as described below) to offer You personalized advertisements about goods and services that might interest You. We cannot control the activities of, such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.
Other third parties: We may share information with advertisers, Our investors, or other third-parties for the purpose of conducting general business analysis. If We do so, We will make reasonable efforts to inform You if required by law.
Interaction with others: If You interact with others on Our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of Your data, including Your name, profile picture, and Your history of interaction with Our website, such as prior comments or posts.
Online postings: When You post online, Your posts may be viewed by others, and We may distribute Your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in including a hyperlink on Our own web page, We do not regularly monitor the websites of these third-parties, are not responsible for any damage or consequences You suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that You access by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and use? different methods than We do.
Other purposes: We may disclose Your personal data as necessary to protect Your interests, or the vital interests of others or Our company.
Cookies, Log Files and Web Beacons: Like many other websites, We makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Processing Your Information
In most circumstances, We do not process Your information in-house, but give it to third-party processors for processing. For example, when PayPal takes Your payment information, they are a third-party processor. They process Your payment and remit the funds to Us.
We may, from time to time, process Your data internally. Our purposes in processing this information is to administer, maintain, and improve Our website and offerings, to enter into contracts with You, to fulfill the terms of those contracts, to keep records of Our transactions and interactions, to be able to provide You with goods and services, to comply with Our legal obligations, to obtain professional advice, and to protect the rights and interests of Our company, Our customers (including You), and any third-parties. We may process the following data:
1. Data associated with Your account, such as Your name, address, email address and payment information
2. Data about Your usage of Our website, such as Your IP address, geographical information, and how long You accessed Our website and what You viewed.
3. Data related to Your personal profile, such as Your name, address, profile picture, interests and hobbies, or employment details.
4. Data that You provide us in the course of using Our services.
5. Data that You post on Our website, such as comments or responses to blogs.
6. Data that You submit to us when You make an inquiry regarding Our website or offerings.
7. Data related to Your transactions with us, including Your purchase of Our goods or services. This information may include contact details and payment information.
8. Data that You provide to us when You subscribe to Our emails or newsletters, including Your email address and contact information.
9. Data that You submit to us via correspondence, such as when You email us with questions.
10. Any other data identified in this policy, for the purpose of complying with Our legal obligations, or to protect the vital interests of You or any other natural person.
We retain personal data as long as it is needed to conduct Our legitimate business purposes or to comply with Our legal obligations, or until You ask us to delete Your data. For example, We will retain certain personal information indefinitely for the purposes of maintaining Your account, unless and until You delete Your account. Data that We gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
You may request that We delete Your data at any time. However, note that We cannot control the retention policies of third parties. If You wish to have any third parties, including those to whom We’ve transmitted Your data, delete that data, You will need to contact those third-parties directly. You may request from us a list of all third parties to whom We have transmitted Your data.
This website is not designed for use by children under age 16, and We do not knowingly solicit personal data from anyone under age 16. If You are under age 16, do not access or use Our website or related products or services. If You become aware that We have collected data of anyone under the age of 16, please contact us so that We may delete that data.
Update Account Information: You have the right to update or change any information You have provided to us. To update or delete Your information, please contact us at email@example.com
Confirm Personal Data and Its Use: You have the right to request that We confirm what data We hold about You, and for what purposes. You also have the right to confirmation of whether We process Your data or deliver Your data to third-party processors, and for what purposes. We will supply You with copies of Your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change Your consent to Our use of Your information. In such cases, We may require You to delete Your account with us, as described above, and You may not have full access to Our website.
Opt-Out of Communications: If you do not wish to receive marketing communications from Us, you can unsubscribe via the link in an email you have received.
Request a Copy of Data: You have the right to request a digital copy of the data that We hold about You. Your first request for a copy of Your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that We gather and transfer Your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that We delete all data that We hold about You, and We must delete such data without undue delay. There are exceptions to this right, such as when keeping Your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of Your account with us and You may have limited or no use of Our website.
Marketing Communications: You may opt out of receiving any third-party marketing communications or having Your personal information used for marketing purposes.
Processing: In some circumstances You may restrict the processing of Your data, such as when You contest the accuracy of Your data or when You have objected to processing, pending the verification of that objection. When processing has been restricted, We will continue to store Your data but will not pass it on to third-party processors without Your consent, or as necessary to comply with legal obligations or protect Your rights or those of others or Our company. In addition, You may opt out of any processing of Your data altogether. Doing so may result in the termination of Your account and loss of access to Our website.
Newsletter and Marketing
You may volunteer certain information to Us that is used for email and marketing purposes. This information includes, but is not limited to, Your name and email. You can unsubscribe from any future communications via email, but We reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in Our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting Our business, such as through Facebook ads or other marketing campaigns.
Data Breach Procedures
We take all reasonable steps to protect Your personal data and keep Your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information You transmit to us.
In the unlikely event customer data has been lost, stolen, or potentially compromised, Our policy is to alert our customers via email no later than 72 hours of Our company becoming aware of the event. We will also report such incident to any required data protection authority. We will work closely with any customers affected to determine next steps such as any end-user notifications, needed patches, and how to avoid any similar event in the future.
Notice to California Residents
The California Privacy Protection Act and the California Business and Professions Code require that We summarize Your privacy rights. Company will provide You with the categories of personally identifiable information that is collected through this website and the categories of third-party entities with whom such personal information may be used at Your request. California law allows You to control who We can and cannot share your personal information with. To obtain any information You are entitled to under California law, please send a request by email or through contact form on this website. There is no charge to requesting this information from Company.
International Privacy and GDPR Disclaimer
This website’s servers are located within the United States. Thus, if you are visiting this website from outside the United States, you agree that you are sending information to the United States. If you are a member of the EU, Your data is protected by appropriate safeguards, namely the EU-US Privacy Shield and GDPR. By clicking submit to any opt ins on this website, You consent to the collection of your name and email and will receive communications from Company. You have the right to object to the processing of Your data at any time. Your information will not be shared with any third parties in the EU.