Terms & Conditions

UPDATED: December 15, 2021

Welcome to heatherrstone.com, a website operated by Chime In Project, LLC dba Heather R. Stone Coaching (“HRS”, “We”, “Our” and “Us”). Access and use of the website and its related services, websites, and web pages (collectively, the “Site”) are provided by HRS to you on condition that you accept these Terms and Conditions, and by accessing or using this Site, you agree to these Terms and Conditions. If you do not agree to accept and abide by these Terms and Conditions, you should not access or use this Site. 

These Terms and Conditions, the Privacy Policy, and all other documents referenced herein govern the relationship between you, the site visitor (“you”) and HRS with respect to your use of this Site. You agree that the agreement formed by these Terms and Conditions is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power, and authority to enter into this agreement and to perform or otherwise discharge all of your obligations hereunder.

JURISDICTION

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms and Conditions, you may not enter into this agreement or use this Site. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site.  By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.

We make no representation that materials in this Site are appropriate or available for use in all locations.  Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.

DISCLAIMERS

HRS shall have no liability for interruptions or omissions in internet, network, or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by HRS are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk.  You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

CHOICE/OPT OUT

Our site provides users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any email they receive from us at anytime.

Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the email.

Notwithstanding the above, we may send periodic emails informing you of technical service issues related to a service you requested.

In addition, we reserve the right to contact you regarding changes to this Terms and conditions or any other policies or agreements relevant to your use of this Site.

USE OF EXTERNAL LINKS; SOFTWARE LICENSING

The Site may contain links to many other websites. HRS cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by HRS do not constitute an endorsement by HRS or any of its employees of the sponsors of these sites or the products or information presented therein.

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

Any software made available for downloading from or through the Site is licensed subject to the terms of any applicable license agreement.  Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited.  WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. HRS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

OUR MATERIALS

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of HRS and its licensors.

HRS may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively the “HRS Materials”) available to you from this Site, from time to time.  If you download or use the HRS Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without HRS’ prior written permission, and (iii) shall only be used in compliance with any additional license terms accompanying such materials. HRS does not transfer either the title or the intellectual property rights to the HRS Materials and retains full and complete title to the HRS Materials as well as all intellectual property rights therein.  You agree not to sell, share, redistribute, or reproduce the HRS Materials.  You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled HRS Materials into a human-perceivable form.  HRS or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

All rights not expressly granted herein are reserved by HRS.  Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. This Site, including its organization and presentation and the HRS Materials, is the property of HRS and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

USE OF SERVICES; PERSONAL USE ONLY; CODE OF CONDUCT

HRS does not allow its service to be used for illegal activities or activities that HRS deems improper for any reason whatsoever at its sole judgment. This Site is only for personal or internal business use. HRS reserves the right to take preventive or corrective actions to protect itself and its customers, subscribers, and users. HRS reserves the right to revise or make exceptions to these Terms and Conditions at any time in order to reflect changing customer and business needs. HRS reserves the right to refuse service to anyone, or to refuse to perform any type of service, at any time. Known malicious or fraudulent use of the Services is not allowed.

Users must truthfully and accurately represent its identities in subscribing and using the HRS’s Services. You represent and warrant that you are truthfully representing your identity, and agree to release and hold HRS harmless for any loss or damage to the you resulting from a false or inaccurate representation of identity. You further agree to indemnify HRS against any loss or damage caused to HRS resulting from fraudulent or malicious representations of identity.

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of HRS’ computer systems or perform functions that you are not authorized to perform pursuant to these Terms and Conditions. While using this Site, you agree to comply with all applicable laws, rules, and regulations (including but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation). You shall not interfere with or disrupt the Site, or servers, or our networks, or take any action that imposes unreasonably or disproportionately large load on our infrastructure.

DATA SECURITY

We have the highest commitment to data security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Site. Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site.  Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

HRS shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site.  HRS recommends that you install appropriate anti-virus or other protective software.

DISCLAIMER OF WARRANTIES

THIS SITE, THE SERVICES AND PRODUCTS HRS PROVIDES ON THE SITE, AND THE HRS MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HRS DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES AND PRODUCTS HRS PROVIDES ON THE SITE, OR THE HRS MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE-TO-STATE.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, THE SERVICES AND PRODUCTS HRS PROVIDES ON THE SITE, AND THE HRS MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL HRS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE SERVICES AND PRODUCTS HRS PROVIDES ON THE SITE, THE HRS MATERIALS, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms and Conditions for which you are responsible; or (2) your use of this Site.  HRS reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of HRS. This indemnification section will survive any termination or expiration of these Terms and Conditions.

CHANGES TO THESE TERMS AND CONDITIONS

Because circumstances and technologies change, we reserve the right to change these Terms and Conditions at any time by notifying you of the existence and location of the new or revised Terms and Conditions or by posting the changes online at the Site. Any changes we make to these Terms and Conditions will be effective immediately upon notice. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are family with the most current version of these Terms and Conditions.

We reserve the right at any time to change: (i) this Site, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; and (ii) the equipment, hardware, or software required to use and access this Site.

WHO DO YOU CONTACT WITH QUESTIONS?

If you have any questions about these Terms and Conditions please contact us via email at info@heatherrstone.com

MISCELLANEOUS

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Florida and the United States of America, without regards to their respective principles of conflicts of law.  You agree to the exclusive personal jurisdiction by the federal and state courts located in the city of Orlando, Florida, United States of America, in any matter arising from or related to these Terms and Conditions and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions and the Privacy Policy set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us.  These Terms and Conditions are not assignable, transferable or sub-licensable by you except with HRS’ prior written consent.  These Terms and Conditions provide only for the use of this Site. These Terms and Conditions shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in these Terms and Conditions is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Participation Agreement for Live Events, Webinar’s and Workshops

I, the Participant (the “Participant) of Heather R. Stone’s Event, Webinar, Masterclass and/or Workshop (the “Program) in-person or online (the “Venue”), hereby acknowledge that I have voluntarily chosen to participate in the Program.

In consideration of my participation in the Program, I represent, warrant and agree, as follows:

My attendance at the Program is for the sole and exclusive benefit of my own personal and professional development, and I affirm that I freely and voluntarily choose to participate in the Program. No promises or warranties of any benefits or particular results have been made to me or have influenced me to enter into this agreement or participate in this Program. I shall comply with all Program and Venue rules and regulations, and will conduct myself in a manner that will not disrupt the smooth functioning of the Program.

I am presently in good mental and physical health. I understand that the Program is not a substitute for professional treatments of any kind. I agree that I shall, at my own expense, obtain any appropriate medical treatment that may be necessary while I am attending the Program. If Heather R. Stone (“Leader”) or other staff assisting with the Program determine in their discretion that a medical emergency exists, I authorize them to obtain medical treatment for me at my expense.

I agree that the Program is an educational process and that maximum benefit is gained when participants freely and fully examine for themselves the ideas presented and evaluate these ideas in light of their understanding and experience.

I agree that the Leader offering the Program is an individual dedicated to benefiting the individual, society and the world through their Program related activities, and that all of their resources and energy devoted to these activities are used to fulfill these valuable purposes. I agree to take full responsibility for my participation in the Program and the results arising from such participation. I agree not to bring any legal actions against the Leader or any affiliated organizations (collectively, the “Parties”) for any negligent or non-intentional acts or omissions, and I release the Parties, their agents and employees from all such claims and damages, and for all breaches of express and implied warranties. Any of the Parties shall be entitled to enforce this provision of the Agreement by injunctive relief as well as be entitled to any other legal or equitable remedy.

I represent that everything that I have expressed in this Agreement is accurate and true, and I agree to compensate and indemnify the Parties for any loss or damages from my breach of any other provisions of this Agreement.

Mediation and Arbitration: Should any issue or claim arise between the Parties, both agree to seek in good faith to resolve such issue or claim through negotiation using, if necessary, the assistance of a mutually agreed upon third party mediator. If such negotiations are not successful, any controversy or claim arising out of or relating to this Agreement or any breach or default under this Agreement, shall, with respect to all claims pertaining to such controversy, claim, breach, or default (except any action for equitable relief with respect thereto), be settled by arbitration in New London, Connecticut, United States of America, on a confidential basis, in accordance with the then-prevailing rules of government in The United States of America. The arbitrator shall have the discretion to determine the appropriate scope and schedule of discovery. The arbitrator shall not contravene or vary in any respect any of the terms or provisions of this Agreement. The award of the arbitrator shall be final and binding upon the parties hereto, and judgment upon any award rendered therein may be entered and enforced in any court of competent jurisdiction. Neither this arbitration provision nor a pending arbitration shall prevent a party from seeking or obtaining injunctive relief or any matter at any time.

I agree that this Agreement can only be changed by a written modification signed by both parties. If any provision of this Agreement is found to be invalid, this shall not affect the validity of the remaining provisions. I hereby agree that I may not assign my rights and obligations under this Agreement to any party.

I have read and understand everything in this Agreement.

Videography & Photography Release Agreement

I hereby expressly grant to Chime In Project, LLC and to its officers, employees, agents, and assignees the right to use photographs/video/audio impressions of me recorded by Chime In Project, LLC at the Event, Webinar, Masterclass and/or Workshop, and to use the photographs and video and my voice and picture, silhouette, and other reproductions of physical likeness and class-related work (including in any still image, videotaped image, DVDs and/or other analog or digital means), in connection with or as part of any presentation, program, publication, product, transmission or other professional endeavor. I understand that these images/sounds may be used for commercial, educational or promotional purposes and acknowledge that I have no right to approve any such images/sounds or photographs or videos (in any ednted form) that may result from my participation.

I waive all rights of publicity, copyright or ownership in or to (or associated with) the resulting commercial or educational and informational materials in which I appear, and acknowledge no monetary or other compensation is provided in exchange for waiving this right. 

Copyright Notice: The materials and resources used in this program are the property of Chime In Project, LLC. No part of any documents received can be stored, reproduced or transmitted in any form or by any means (electronic, photographic or mechanical), recorded, translated or used to produce any derivative works without explicit permission from Chime In Project, LLC.

I hereby certify that I have read the foregoing and understand the meaning and effect thereof, and intend to be legally bound by this agreement.