The following Terms & Conditions are entered into by and between You and Heather Hennessy Virtual Solutions, LLC.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), are a binding agreement and govern your access to and use of the Site including any content, product, functionality and services offered or purchased on or through the Site.

Please read these Terms and Conditions carefully before you start using the Site.

By visiting and using the Site or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you indicate that you accept and agree to be bound and abide by these Terms & Conditions and any documents incorporated herein by reference. If you do not agree with these Terms & Conditions, you must cease usage of the Site, or any related services, immediately.

This Site is intended for individuals who are 18 years of age or older.

By visiting and using this Site, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.

CONTENT

All information on this Site, including any and all copyrights, trademarks, design rights and other intellectual property rights related to the content and work product on this Site, are owned by Heather Hennessy, with the exception of the content you submit to us set forth in the section below.

The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Site does not grant you any ownership rights to the Content of our Site.

The reproducing in any format (including on another website) of any part of our Site (including content, images and designs) without our prior written consent is strictly prohibited.

Requests for prior written consent should be addressed to the following email: hello@heather-hennessy.com

You may provide links to our Site as long as

you clearly give credit to us as the author,
include a hyperlink to our Site,
you do not remove or obscure any portion of our Site by framing or otherwise,
your website does not engage in illegal or pornographic activities, and
provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not provide links in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.

You must not provide links from any website that is not owned by you.

You must cease providing links to our Site immediately upon our request.

RELIANCE ON CONTENT

The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.

Every effort has been made to only provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on this Site and shall not be liable for any damages or harm.

CONTENT YOU SUBMIT TO US

You may be provided with the ability to upload, display, post, transmit, send, email or otherwise submit to us on the Site or on any of our social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to us”).

You expressly acknowledge and agree that once you submit the content to us, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.

You, and not us, are entirely, and solely, responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.

You represent and warrant that

the content you submit to us is your original creation or you own the content or otherwise have the right to grant the license set forth above
the content you submit to us does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person,
the content you submit to us does not result in a breach of contract between you and a third party,
the content you submit to us does not contain any libelous, defamatory, or obscene material or content that violates our terms of use or those of our social media accounts.

You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.

NO WARRANTIES

We make no representations or warranties of any kind, express or implied, as to the performance or operation of the Site and the information, contents, materials, documents, products, or services included on or through the Site. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will our company or its directors, employees, or agents be liable to you or any third person for any direct, indirect or consequential loss or damage incurred in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You expressly acknowledge and agree that our company its directors, employees, or agents

shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

PROHIBITED USE

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.

You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.

You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms may subject you to civil and/or criminal liability.

PRIVACY POLICY

While using the Site, you may provide certain personally identifiable information, such as your name, email address or IP address.

We process information about you in accordance with our Privacy Policy.

By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

LINKS TO THIRD PARTY SITES AND SERVICES

This Site may from time to time contain links to third-party sites and services.

We have no control over and assume no responsibility for the content or practices of any third-party Sites or for any loss or damage that may arise from your use of them.

We recommend that you review the privacy policy and terms and conditions of such third-party sites. Once you leave our Site, you are no longer governed by our Terms & Conditions.

EMBEDDED CONTENT FROM OTHER SITES

Content on this Site may include embedded content (e.g. videos, images, articles, etc.).

Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website.

These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site.

AFFILIATE LINKS

We may have a financial relationship with some of the merchants we mention.

This Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.

Our editorial content, including the opinion we express on products, services and merchants are not influenced in any way by advertisers or affiliate partnerships.

We only endorse products, services and merchants that we have personally used/tested and consider of the highest quality standard.

INTELLECTUAL PROPERTY

The contents, materials, documents, courses, products, or services included, offered, or purchased on or through the Site are protected by international copyright law and may not be copied, reproduced, given away, or used to create derivative works without our expressed written permission.

When using the Site, purchasing a digital product or course from the Site or downloading digital product free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of our contents, materials, documents, products, courses or services included, offered, or purchased on or through the Site for your personal or internal business use only.

You expressly acknowledge and agree that we retain full copyrights and under the aforementioned limited, personal, non-exclusive, non-transferable license you have no right to:

– modify, copy, reproduce or sell the materials;

– use the materials for any commercial purpose;

– decompile or reverse engineer;

– remove any copyright or other proprietary notations from the materials;

– transfer the materials to another person;

– create derivative works based upon the materials;

– offer any competing products based upon the materials.

CONFIDENTIALITY

You acknowledge and agree that Confidential Information may be exchanged between parties in connection with the use of our Site and information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You must maintain the secrecy of Confidential Information and treat all Confidential Information as private and confidential. You shall use Confidential Information solely in the performance of the obligations under these Terms & Conditions. You shall not disclose the Confidential Information without prior written consent except where required by law or regulation. You shall indemnify us against all losses, costs, expenses and other liabilities which may be suffered or incurred in connection to or arising out of any breach of confidentiality.

GOVERNING LAW

These Terms of Use and any dispute or claim arising from or in connection with them shall be governed in accordance with the laws of the State of Florida and the United States.

In case of a dispute relating to or arising out of your use of our Site, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Newburgh, New York, United States. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of New York, United States of America. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. The Parties further waive any rights to pursue or participate in a class or collective action.

INDEMNIFICATION

You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates free from and against any and all legal claims, demands, liability, loss, claim, and expense, including reasonable attorney fees, court costs and other legal expenses, which may arise from or relate to your violation of these Terms & Conditions, any act or omission in connection with your use of our Site, or your infringement, of any intellectual property or other right of any person or entity.

AMENDMENTS

We reserve the right to revise these Terms & Conditions at any time by amending this page.

All updates will be posted on this page and you are expected to check this page from time to time to take notice of any changes.

If you do not agree with the changes to these Terms & Conditions, you can choose to discontinue the use of our Site.

ENTIRE AGREEMENT; MODIFICATION

These Terms & Conditions constitute the entire understanding between the parties with respect to the subject matter hereof and specifically incorporate, supersede and replace all prior or contemporaneous oral and written agreements relating to the subject matter hereof.

No portion or provision of these Terms & Conditions may be changed, modified, amended, waived, supplemented, discharged, canceled or terminated orally or by any course of dealing, or in any manner other than upon written notice.

COUNTERPARTS

These Terms & Conditions may be executed in any number of counterparts in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Terms & Conditions.

ASSIGNMENT

Neither these Terms & Conditions nor any of the rights, interests or obligations granted hereunder shall be assigned, sold, leased or otherwise transferred in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties. Subject to the foregoing, these Terms & Conditions will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.

SEVERABILITY

Any provisions of these Terms & Conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such condition, the remainder of these Terms & Conditions shall continue in full force and shall be enforced to the maximum extent possible.

NO WAIVER

The failure to exercise any right, power or remedy provided under these Terms & Conditions or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

HEADINGS AND CAPTIONS

The headings and captions in these Terms & Conditions are included for convenience of reference only and in no other way define, limit or delineate any of the provisions hereof or otherwise affect their construction or effect.

FORCE MAJEURE

Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, but not limited to, acts of God, acts of war or terrorism, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

TERMINATION

We reserve the right to terminate your rights under these Terms & Conditions without notice if you fail to comply with any of these Terms & Conditions.

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here are reserved by Company.

All information on the Site is provided in good faith and every reasonable effort has been made to ensure that the information provided is as accurate and complete as possible and free from errors; however, the Site assumes no responsibility for errors, omissions, or contrary interpretation, and make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, relevance, validity, reliability, availability, timeliness or completeness of any information on the Site.

Under no circumstance shall we be held liable for any special, direct, indirect, consequential, or incidental loss or damage or any damages of any kind incurred as a result of the use of the Site or reliance on any information provided on the Site.

By using the Site, you accept full personal responsibility for any harm or damage you suffer as a result of your actions arising out of or in connection with the use of the Site or its content.

You agree to use judgment and conduct due diligence to verify any information obtained from the Site before taking any action or implementing any suggestions or recommendations set out on the Site.

Your use of the Site is solely at your own risk and you expressly agree not to rely upon any information contained in the Site.

We reserve the right to make additions, deletions, or modifications to the contents of the Site at any time without prior notice.

We do not warrant that the Site is free of viruses or other harmful components.

Any perceived slights of specific persons, peoples, or organizations are unintentional.

Any product, website, and company names mentioned on the Site are the trademarks or copyright properties of their respective owners. We are not associated or affiliated with them in any way.

The information contained on the Site and the resources available for download through the Site is not intended as, and shall not be understood or construed as, professional advice.

Your use of the Site, including implementation of any suggestions and/or recommendations, set out in the Site and/or use of any resources available for download through the Site, does not create a professional-client relationship.

We expressly recommend that you seek advice from a professional. You agree not to rely upon any information contained in the Site or in the resources available for download through the Site as a substitute for professional advice.

Under no circumstance shall be held liable or responsible for any errors or omissions on the Site or for any damage you may suffer in respect to any actions taken or not taken based on any or all of the contents of the Site and/or as a result of failing to seek competent advice from a professional.

External links disclaimer

The Site may contain links to external websites that are not provided or maintained by or in any way affiliated with us. The Site does not guarantee the accuracy, adequacy, relevance, validity, reliability, availability, timeliness or completeness of any information on these external websites.

Affiliate links disclaimer

We may have a financial relationship with some of the merchants we mention.

Some links may be affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.

Please refer to our disclosures below for further information.

Disclosures

We only affiliate with products, services, and merchants that we believe will provide value to our readers. We only endorse products, services and merchants that we have personally used or tested and consider of the highest quality standard.

It remains solely your personal responsibility to conduct your own investigation to determine whether to purchase an affiliate product or service.

You will not rely on any recommendation, reference, or information provided by us and we cannot be held liable or responsible for any damages resulting from your purchase.