Effective as of March 20, 2018
Please read the Terms carefully before you start to use the Website. By using our Website or by clicking “I Accept” or “I Agree” to the Terms when this option is made available to you, you accept and agree to be bound by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.
This Website is offered and available to users who are 21 years of age or older. You acknowledge and assert that by your use of the Site and your use of our services, you are at least 21 years of age, competent, legally able to enter into a contract, and willing and able to comply with all applicable municipal, state, and federal laws and regulations.
Through our Website, we provide an online portal providing access to information and resources on starting and managing a successful business. Our content falls into two categories: complimentary resources and content accessible for a fee, available to our members. This information is provided for educational purposes only. We do not provide professional advice.
1. No Professional Advice. The information provided on our Site, including, but not limited to information contained in videos, on audios, on message boards, in text files, and/or in chats, cannot replace or substitute for the advice of a trained professional with expertise in a specific area, such as a lawyer, CPA, or therapist. If you need such advice, seek the services of those professionals. Our information is provided for educational purposes only.
2. Accuracy of Information. The content on our Website, e.g., materials, resources, documents, audios, videos, articles, checklists (collectively the “Materials”) is made available for general information purposes. We may update the Materials from time to time, but we are under no obligation to do so. We don’t guarantee the accuracy, completeness, or usefulness of the Materials. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Materials by you or any other visitor to the Website, or by anyone who may be informed of any of its content. For that reason, you should always confirm the accuracy of information found on our Website or on the Internet in general.
3. Modifications to the Terms. We reserve the right to withdraw or amend this Website and the Materials at any time, and in our sole discretion. Updates will be posted to the Site. All changes are effective immediately when we post them and apply to all access to and use of the Website. Your continued use of our Website after we post revisions to the Terms, means you accept and agree to the changes. Please check this page periodically, so you are aware of any changes, as they are binding on you. Further, you are responsible for ensuring that anyone accessing the Website on your behalf is aware of the Terms, any updates, and agrees to be bound by them. That being said, any changes made to the dispute resolution provisions will not apply to disputes for which you’ve been given actual notice on or prior to the date the change is posted on our Website.
4. Accessing Website and Security. In accessing the Site, you may be asked to provide personal information e.g., your name, email, phone number, and in some cases billing information. It is a condition of your use of the Website that ALL information you provide is correct, current, and complete. If you choose a user name and password to access Materials, it is your responsibility to treat that information as confidential. Do NOT disclose it to any other person or entity. You hereby acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. Intellectual Property Ownership. All Materials are owned or licensed by us or used by us with permission from one of our third-party authors, developers, partners, affiliates, licensees, or vendors. The Materials and all other intellectual property, such as copyrightable content and trademarks are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. Except as expressly provided herein, you shall not copy, reproduce, republish, repost, download, upload, display, transmit, or in any way distribute (collectively “Reproduce”), in whole or in part, Materials found on our Website. For permission to Reproduce Materials, contact us at email@example.com .
The Company owns a number of U.S. registered trademarks, which include VIP DAY QUICK PROFIT SECRETS®, SACRED MONEY ARCHETYPES®, SECRET ENERGY OF MONEY®, COURAGEOUS COACHING®, MONEY BREAKTHROUGH METHOD®, MONEY, MARKETING AND SOUL®, HOW TO CHARGE WHAT YOU’RE WORTH AND GET IT!®, BRANDING WITH ARCHETYPES® , and SIGNATURE SYSTEM® (collectively and hereinafter the “Trademarks”). These Trademarks are owned by Heart of Success, Inc. or Kendall SummerHawk, individually. Unauthorized use of any of the Trademarks is a violation of Federal law. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
6. What You Are Allowed to Do. You are allowed to use our Website for any personal, non-commercial, lawful use, which is in strict accordance with these Terms. For example,
a. Your computer may temporarily store copies of such Materials in RAM incidental to your accessing and viewing those Materials.
b. You may store files that are automatically cached by your Web browser for display enhancement purposes.
c. You may print or download one copy of a reasonable number of pages from the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
d. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
7. Prohibited Uses. You are NOT allowed to do the following:
a. Modify copies of the Materials from this Site.
b. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
c. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
d. Access or use for any commercial purposes any part of the Website or the Materials available through the Website.
e. Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
f. Send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
g. Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
h. Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
i. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
j. Engage in behavior that in any way violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
You also agree NOT to:
k. Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
l. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
m. Use any device, software or routine that interferes with the proper working of the Website.
n. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
o. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
p. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
q. Otherwise attempt to interfere with the proper working of the Website.
If you violate any of the above in breach of the Terms, your right to use our Website will cease immediately and we reserve the right to take any legal and equitable action available to us.
If you wish to use the Materials or Trademarks in ways other than what is specifically permitted, feel free to address your request in writing to us at: https://kendallsummerhawk.com/contact/.
8. Enforcement. At times, we may take steps that we believe are necessary and appropriate, in order to enforce or verify compliance with the Terms. Such action might include automated monitoring of compliance. By accepting our Terms, you grant us the right to cooperate with any legal process that relates to your use of our Website, our Materials, or any third-party claim that your use of our Website and/or Materials violates the rights of a third party.
9. Linking to Our Website. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our express written consent. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice.
Further, you may use these features, however, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
10. Links from the Website. If the Website contains links to other sites and resources provided by third parties, such as, but not limited to PayPal, LinkedIn, Twitter, and Facebook, these links are provided for your convenience only. They may contain advertisements, including banner ads and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and you should review their Terms and Conditions and Privacy Statements.
11. Reviews, Comments, Communications, and Other Content. We may allow visitors to our Site to post reviews, comments, and other content (the “User Content”). You retain ownership rights to your User Content. However, by submitting User Content you grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display your User Content in whatever way we choose. To be clear, you also grant each user of the Site a non-exclusive license to access your User Content, and to use, reproduce, distribute, and display content. You grant us and any user to the Site a perpetual and irrevocable license.
Notwithstanding the above, contributions to, access to, and use of User Content is at your own risk and subject to the following:
a. Rights and Responsibilities of the Website. The Site respects the intellectual property of others, and we ask our users to do the same. The Site may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that violates these Terms, please contact us immediately at firstname.lastname@example.org with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner or any violated intellectual property interest;
- A description of the intellectual property that you claim has been infringed;
- The location of the infringed and infringing material;
- Your current contact info (e.g., address, telephone number, and email address);
- A true statement that your intellectual property has been used without authorization;
If User Content is permitted on our Website, the Site is not the publisher or author of the User Content. It is merely a passive unit for storage and dissemination of the ideas and opinions the Site members may choose to post and distribute as User Content. The Site does not screen works before they are posted, and no prior approval is required for posting.
b. Rights and Responsibilities of the Site Users or Other Posters of User Content. You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any Site service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, it is your responsibility to, first, obtain the copyright holder’s written permission.
12. System Security. Although we cannot make an absolute guarantee of system security, the Company takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at email@example.com . If the Site’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, the Company reserves the right to delete those files or to stop those processes. If the Site’s technical staff suspects a user name is being used by someone who is not authorized by the proper user, the Company may disable that user’s access in order to preserve system security. In all such cases, we will contact the member as soon as possible.
If in our sole discretion, we determine that security is at risk, we have the right to do the following:
a. edit, redact or otherwise change any User Content,
b. re-categorize any User Content to place it in a more appropriate location or
c. pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms, including but not limited to User Content containing offensive language and advertisements.
d. refuse service to anyone and to cancel user access at any time.
13. No Warranty. THE SITE AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND THE SITE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY GUARANTEE OF PROFITS OR EARNINGS.
NEITHER COMPANY NOR THE WEBSITE MAKE ANY WARRANTIES THAT:
a. THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
b. THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS;
c. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR
d. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE SITE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
14. Limitation of Liability. IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Indemnification. You agree to defend, indemnify and hold harmless the Company, our affiliates, licensees, lawyers, and service providers, and their respective officers, directors, employees, contractors, agents, lawyers, licensees, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of our Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from our Website.
16. Unsolicited Submissions. Except as may be required in connection with your Use of the Site and the Services, the Company does not want you to submit confidential or proprietary information to us through the Site. All comments, feedback, information or material submitted to the Site through or in association with this Site shall be considered non-confidential. By providing such submissions to the Site, you hereby grant the Site a license to Reproduce your User Content. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
17. Governing Law; Venue. All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Arizona, without giving effect to any choice or conflict of law provision or rule, whether of the State of Arizona or any other jurisdiction.
All disputes arising from the use of these Terms or our Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be resolved through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law. In the event, for whatever reason, arbitration is found to be an invalid, illegal or unenforceable form of dispute resolution, all legal suits, actions or proceedings arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts in the District of Arizona, Pima County, although Company reserves the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts and expressly and explicitly accept the District of Arizona, Pima County, as the sole jurisdiction and venue, for such purposes.
Waiver and Severability. No waiver, by us, of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement. The Terms constitute the sole and entire agreement between you and us with respect to our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website
Limitations on Lifetime Access. Lifetime access is granted to those participants of the HEART of SUCCESS program, who purchased the program directly from the Company, not from a third party. For our purpose, lifetime access means access to the HEART of SUCCESS program, so long as the program exists.
Contact Us. Our Website is operated by:
Heart of Success, Inc.
8987 East Tanque Verde
Tucson, Arizona 85749
All notices, comments, questions, feedback, requests for technical support, and other communications relating to the Website should be directed to: https://kendallsummerhawk.com/contact/.
Earnings Disclaimer. Company does not subscribe to the “get rich” concept. We believe you get out of an experience what you put into it. Hard work, adding value, building a solid professional career, and serving others with excellence and constancy—these are our values. Our Materials, products, and services are designed to aid you in sharing your amazing message with the widest possible audience, so you can make a difference in the world while growing your personal brand. Any financial numbers referenced on the Site or in the Materials are for illustration purposes only, and should not be considered average earnings, exact earnings, or promises for actual or future performance. Nothing on this page, in our Materials, on our Website, or shared by third parties is a promise or guarantee of results or present or future earnings. As provided by law, we make absolutely no guarantees as to any result you will have. Your results depend on many facts, including, but not limited to how much effort you put into your business.
YOU FULLY AGREE THAT YOU HAVE READ, UNDERSTAND, THAT COMPANY IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO RERESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.