Terms of Use

Heart at Home LLC Service Policy

The Host and the Participant enter into an agreement pursuant to, and in accordance with, these terms and conditions and agree as follows:

1. Definitions

Unless the context requires otherwise and unless explicitly defined elsewhere in this Agreement, capitalized terms and expressions in this Agreement shall have the following meaning:

1. “Agreement” means these terms and conditions together with the contents of the Service (upon submission by the Participant); 2. “Service” means the specific class, event, email sequence, or similar service, and the contents therein, which the Participant is agreeing to receive and participate in with respect to this Agreement; 3. “Form” means the application form, submission form, or similar means of data collection (including any third-party data-collection tools contained therein) provided by the Host to the Participant for the enrollment or participation in the Service; 4. “Participant” means any (natural or legal) person who has agreed to, and is therefore bound by, this Agreement; 5. “Host” means Heart at Home, LLC, having its registered business address at 8401 Mayland Dr Suite A, Henrico, VA, 23294 USA; 6. “Parties” means the Host and the Participant together, and “Party” means either of the Parties; 7. “Fee” means the total amount of money paid by the Participant to the Host in exchange for the Service.

2. Intellectual Property

This Service is a product of the Host and may not be republished, repurposed, or otherwise recreated in any way.

3. Kingdom Allegiance

By participating in this Service, the Participant agrees that he or she is a follower of the Lord Jesus Christ, and has been born-again of the Holy Spirit of God (John 3:5-7). Participant agrees that the discernment of Truth is available to him or her by the Holy Spirit who dwells in him or her (1 John 2:27, 1 Cor 6:19, 1 Cor 2:13-16), and that the responsibility to discern Truth is the Participant’s with the Living God.

4. Refunds

Unless explicitly stated otherwise in this Agreement, the Fee is earned upon receipt and all payments are non-refundable, regardless of the Participant’s level of participation, progress, engagement, or results.

5. Term

This Agreement becomes effective upon the following conditions being met (the “Conditions”):

1. The moment the Service’s Form is submitted by the Participant; and/or 2. Payment is rendered to the Host for the respective Service; and/or 3. The Participant continues to receive an email sequence governed by this Agreement and has not opted-out of the sequence according to the means provided by the Host.

The Agreement continues after the Conditions are met until the time of the Service’s completion (the “Term”).

The following provisions under Articles 5 thru 22 of this Agreement shall remain in effect after the termination of this Agreement.

6. Termination

This Agreement may be terminated (prematurely) by either Party at any time during the Term, without reason, by giving notice by email, or (when relevant to the Service) opting-out of the email sequence governed by this Agreement. For the avoidance of doubt, Article 4 applies.

7. Representations & Warranties

Participant represents and warrants that during and throughout participation in this Service, the Participant:

1. is at least 18 years of age and possesses the full legal capacity, power, and authority to enter into this Agreement; 2. is not bound by any agreement, obligation, or legal duty that would conflict with the Participant’s ability to fully comply with the terms and conditions of this Agreement; 3. is in good mental and emotional health and capable of engaging fully in all aspects of the Service; 4. is not undergoing and are not advised or aware that the Participant should undergo psychological, psychogeriatric, or therapeutic treatment or support; 5. has not been clinically diagnosed with mental illness, including, but not limited to, depression, anxiety, post traumatic stress disorder (PTSD), schizophrenia, bipolar disorder, borderline personality disorder; 6. will behave in a respectful, safe, and kind manner, verbally, physically, and emotionally, towards the Host and any third party that works with or for the Host; 7. will not show any aggressive, abusive or harassing behavior towards the Host or any third party associated with the Host and will not engage in any actions that disrupt the Service; 8. will be honest and genuine in all representations made to the Host and any third party associated with the Host; 9. will only provide information and data to the Host and any third party that works with or for the Host that is true, complete, accurate, current, and not misleading; and 10. will provide an update to the Host as soon as possible if any of the information or data provided to the Host changes.

8. Non-Disparagement and Prohibited Behavior

The Participant agrees not to disparage the Host’s brand, products, services, or persons working for or employed by the Host.

The Participant agrees that the Participant will not make any unsubstantiated claims that will ruin the business reputation of the Host.

The Participant will not use any information or materials in relation to the Service, the Host, and/or this Agreement in any way that:

1. is illegal, infringes or violates the rights of anyone; 2. is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way; 3. disparages or discredits the Host; 4. encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law; 5. is likely to cause confusion among third parties; 6. portrays or insinuates any endorsement or sponsorship of a Party or its products or services by the other Party or in any other way portrays or insinuates that a Party supplies or approves of the other Party or its products or services; or 7. portrays or insinuates any special relationship between the Parties.

The Participant will not misrepresent or embellish the Participant’s relationship with the Host (including, but not limited to, by expressing or implying that the Host supports, sponsors, or endorses the Host) or express or imply any other type of relationship between the Parties except as expressly permitted by this Agreement or agreed by email or written agreement between the Parties.

9. Roles

The Host is not the Participant’s psychologist, psychiatrist, therapist, counsellor, or another type of mental health professional. Any information, advice, opinions, or any other communication from the Host does not constitute counselling or psychological, psychogeriatric, or therapeutic advice, treatment, support, or services. The Host disclaims any responsibility and liability in this respect.

AND

The Host is not the Participant’s doctor or licensed nutritionist. Any information, advice, opinions, or any other communication from the Host does not constitute medical or nutritional advice, treatment, support, or services. The Host disclaims any responsibility and liability in this respect.

AND

The Host is not the Participant’s (licensed) financial, tax or legal advisor. Any information, advice, opinions, or any other communication from the Host does not constitute financial, tax or legal advice, support, or services. The Host disclaims any responsibility and liability in this respect.

AND

The Host is not the Participant’s (licensed) real estate agent, broker, or professional. Any information, advice, opinions, or any other communication from the Host does not constitute legal, financial, or professional real estate advice, representation, or services. The Host disclaims any responsibility and liability in this respect.

AND

The Host is not the Participant’s (licensed) career counsellor, human resources professional, or recruiter. Any information, advice, opinions, or any other communication from the Host does not constitute or result in career counseling, job placement, or HR services. The Host disclaims any responsibility and liability in this respect.

All information provided during and in relation to the Service is for informational and educational purposes only and does not constitute, and should not be construed as any type of professional advice, nor is it intended to replace or substitute for such professional services.

Participating in and/or using (any part of) the Service or any other information, materials or guidance from the Host does not establish a therapeutic-client relationship or any kind of professional relationship with the Host, nor does it create any kind of ongoing legal or professional obligation or responsibility between the Host and the Participant beyond the scope of this Agreement.

10. Controversy & Sensitivity Disclaimer

The Participant acknowledges that controversial, sensitive, or provocative topics, including, but not limited to,

1. the nature and reality of God; 2. the nature and reality of sin; 3. the origin, nature, and effects of trauma on the body, soul, and spirit;

or other political, ethical, religious, social, ideological, or personal views and beliefs, may arise. The Host does not intend to harm, offend, distress, or in any way adversely impact the Participant or any other third parties. The Host is not responsible or liable for how such topics are received by the Participant or the Participant’s emotional or psychological response, including, but not limited to, any harm, offense, distress, or adverse effect the Participant may experience.

11. Participant Responsibility

The Host solely intends to support the Participant and does not intend to influence, persuade, alter, or change the Participant's personal views, beliefs, opinions, values, or decisions. The Host does not impose any (personal or external) agendas, views, opinions, or ideologies upon the Participant. The Host disclaims any responsibility or liability for any decisions, actions, or changes in behavior that the Participant may choose to pursue as a result of the Service. Any shifts in the Participant's views, opinions, values, or beliefs are a direct result of their own internal process and choices. The Host disclaims any responsibility or liability for any attempts to influence, persuade, alter, or change the Participant's views, opinions, values, beliefs, or decisions.

12. Technology

The services and materials that are part of the Service will be provided through the platforms and tools chosen by the Host at the Host’s sole discretion. It is the Participant’s responsibility to ensure that the Participant has the appropriate technology, equipment, hardware, and software, along with access to a reliable internet connection, to access and fully participate in and/or use (any part of) the Service or any other information or materials provided by the Host.

13. Errors, Omissions, & Disruptions

The Host does not represent, warrant, or guarantee that the Service or any materials or information provided by the Host will be free from errors, omissions, or disruptions.

14. Outcomes & Results

The descriptions of the Service provided on the Host’s website, social media, or anywhere else are intended to convey the general nature of the Service only and do not guarantee the outcomes or content of the Service. The Host reserves the right to amend, change, alter, or modify the content and structure of the Service at the Host’s sole discretion.

The Participant acknowledges that the Host has the discretion to determine the methods, tools, techniques, and approaches used during the Term and that the Service may evolve or change during the Term.

By participating in this Service, Participant agrees that Participant is the sole responsible Party for any and all actions or decisions Participant chooses to make related to or resulting from participation in this Service. Participant agrees that neither Host nor its members or representatives guarantee specific results or outcomes by participating in this Service, and are not responsible for the results related to participation. Participant agrees to hold Host and its members harmless in the event of damages incurred from decisions Participant chooses to make based on information gained or received from this Service.

15. Limitation of Liability

1. Without prejudice to Article 15.6, the Host shall not be liable for any loss, damage, or costs incurred or suffered by the Participant as a result of any act or omission under this Agreement, failure in the performance of its obligations under the Agreement, or otherwise, unless (and to the extent that) the competent court or tribunal has irrevocably ruled that any damages or costs are attributable to intentional acts or omissions and such tribunal or court decision is not (or no longer) subject to appeal, in which case the exclusions and limitations referred to in Articles 15.2 up to and including 15.5 apply. 2. Subject to Article 15.1, the Host’s aggregate liability is limited to the total amount of the Fee, excluding any applicable taxes, charged by the Host and paid by the Participant to the Host in relation to the Hosting Program which caused the damages. 3. Subject to Article 15.1, the Host is not liable for indirect damages, consequential loss, loss of profits, lost savings, reduced goodwill, loss due to business interruption, loss as a result of claims of third parties, loss arising from the use of goods, or materials of third parties prescribed by the Participant to the Host and any damages or loss arising from contracting suppliers the Participant has recommended. 4. Subject to Article 15.1, unless performance by the Host is permanently impossible, the Host is exclusively liable for an imputable failure in the performance of this Agreement if the Participant promptly serves the Host with a notice of default by email, granting the Host a reasonable period of time to remedy the breach, and the Host should still imputably fail to meet the Host’s obligations after that reasonable term has passed. The notice of default must describe the Host’s failure as comprehensively and in as much detail as possible so that the Host has the opportunity to respond adequately. 5. Subject to Article 15.1, the right to compensation of damages exclusively arises if the Participant reports the damage to the Host by email as soon as possible after the damage has occurred and not later than within fourteen days of the Participant having become so aware. Failure to notify the Host of the damage within such period shall not affect the rights of the Participant except to the extent the Host demonstrates that the damages have increased or could have been avoided or mitigated as a result thereof, in which case the Host shall be relieved of liability with respect to such additional damages. A claim expires if, within three months after the event giving rise to the claim or that could give rise to a claim, the Host has not been notified thereof by email. 6. Nothing in this Article 15 shall operate to limit liabilities in the event of fraud, wilful misconduct, gross negligence, or any (other) liabilities that cannot be limited under applicable law. Failure by the Host to inform the Participant timely regarding matters relating to the execution of the Agreement will not constitute grounds for assuming willful misconduct and/or gross negligence on the part of the Host.

16. Third-Party Indemnity

The Participant agrees to indemnify and hold the Host and/or anyone else working with or for the Host harmless from all damages, losses, claims (including, but not limited to, third-party claims), actions, demands, suits, proceedings, or judgments, including costs, expenses and attorneys' fees assessed against or otherwise incurred by the Host arising, in whole or in part, from:

1. actions and/or omissions, whether done negligently or otherwise, by the Participant; 2. any and all actions and use of the information or material provided during or in relation to the Hosting Program by the Participant; 3. violation of any laws, regulations, rules, or ordinances by the Participant; 4. violation of any provisions of this Agreement by the Participant or anyone related to the Participant; and/or 5. infringement by the Participant of any intellectual property rights or other third-party rights.

The Host will notify the Participant as soon as reasonably possible of any such claims, damage, and/or liability. The Host reserves the right to defend such claim, damage, and/or liability at the Participant’s expense. If requested, the Participant will fully cooperate and provide assistance to the Host to defend any such claims without any cost.

17. Electronic Signature

This Agreement constitutes an electronic contract between the Parties with full force and effect of a handwritten signature. The Parties enter into this Agreement by:

1. Submission of the Form by the Participant by way of clicking on the “Next”, “Submit,” or similar button(s) on the Form; or 2. By the Participant’s continued reception of emails in an email sequence that explicitly discloses governance of this Agreement upon such emails.

18. Transferability

Neither Party is entitled to assign any of its rights or transfer any of its obligations under this Agreement unless agreed between the Parties by written agreement.

19. Entire Agreement

This Agreement, together with any other documents incorporated herein by reference and related exhibits and schedules, constitutes the sole and entire agreement between the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written (which includes email) and oral, with respect to such subject matter.

20. Amendments

No amendments, changes, modifications, or alterations of the terms and conditions of this Agreement shall be binding upon the Parties unless agreed between the Parties by written agreement.

21. Severability

If individual provisions in this Agreement are or become invalid or unenforceable, this does not affect the validity of the remaining provisions. The Parties undertake to immediately replace any invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the original intention of the Parties.

22. Governing Law and Jurisdiction

This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed by the laws of the Commonwealth of Virginia, United States of America.

Any dispute arising out of or in connection with this Agreement, the Hosting Program, or further agreements resulting therefrom, shall be exclusively submitted to the competent court in Henrico, Virginia, USA, and each of the Parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein.

23. Confidentiality

1. Subject to Article 23.2, the Parties shall treat as strictly confidential and not disclose or use for other purposes for which it is provided: (i) any information relating to this Agreement or any ancillary matter, including, but not limited to, any remuneration or other payments under this Agreement; (ii) any confidential or proprietary information relating to either Party and its business operations; (iii) any other information received from the other Party of which information the receiving Party knows or should reasonably know it is confidential; and (iv) any information that is designated by a Party as being confidential. The Party that receives the confidential information may only use it for the purpose for which it has been provided. 2. The restrictions contained in Article 23.1 shall not apply if and to the extent: 1. disclosure is required by any law or by a court or tribunal; 2. disclosure is required by any regulatory or governmental body; 3. disclosure is necessary to enforce this Agreement; or 4. the information has come into the public domain through no fault of the relevant Party. 3. Access to and use of the information as described in Article 23.1 shall be limited to the employees, advisors, and consultants of each Party as much as reasonably required, provided that such employees, advisors, and consultants shall be advised of the contents and the confidential nature of this information and shall be instructed to take all necessary and reasonable precautions to prevent the unauthorized use or disclosure thereof. 4. In the event of a disclosure of information pursuant to Article 23.2, the Parties shall consult with each other (to the extent permitted by applicable laws or regulations) as to the contents, form, and timing of the disclosure to be made.

24. Personal Data

The Host only uses the Participant’s personal data for the purposes set out in this Agreement. The Host will ensure it complies with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data. For more information on how the Participant’s personal data is used and stored by the Host, please refer to the Host’s privacy policy which can be found here: https://www.heartathome.shop/privacy-notice.