PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.
TERMS OF USE AND DMCA NOTICE
Effective Date: January 1, 2013
To review material modifications and their effective dates scroll to the bottom of the page.
1. Parties. The parties to these Terms of Use are you, and the owner of this valheart.com website business, Val Heart (“vheart”). All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and vheart.
2. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
3. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
4. How We Treat Postings To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
5. Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
6. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site?s home page.
7. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
9. DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Val Heart
1738 Donerail St
San Antonio, TX, 78248
Agent’s Name/Email Address: compliance.officer-at-valheart.com
Telephone: 2104935918
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
10. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Disclaimer: The entire contents of this website are based upon the opinions of Val Heart, unless otherwise noted. Individual guest articles are based upon the opinions of the respective author, who retains copyright as marked. This information is not intended to replace a one-on-one relationship with a qualified pet health care professional and is not intended as medical advice. It is intended as a sharing of knowledge and information from the research and experience of Val Heart and her community. Val encourages you to make your own pet health care decisions based upon your research and in partnership with a qualified pet health care professional.. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
13. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites? terms of use and privacy policy.
14. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
15. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Val Heart
1738 Donerail St
San Antonio, TX, 78248
Contact: compliance.officer-at-valheart.com
Telephone:2104935918
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
16. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in San Antonio, Texas, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Texas, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
17. Jurisdiction And Venue. The courts of Bexar County in the State of Texas, USA and the nearest U.S. District Court in the State of Texas shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
18. Controlling Law. This Agreement shall be construed under the laws of the State of Texas, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
20. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
21. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
22. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site’s home page.
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Material Modifications Since January 1, 2013: none.
/***Instructions For Legal Page: place a link to this page on your home page preferably at the bottom of the home page, and on each additional page as well. Check out how the Legal Page link is presented at the bottom of the digicontracts.com home page at https://digicontracts.com/. If you provide testimonials or endorsements that involve ?material relationships? (i.e. you provide compensation or benefits to the testimonialists or endorsers), you should place a link to this page that should appear prominently on any page dedicated to testimonials or endorsements, as well as at the end of testimonial text for isolated testimonials). WARNING: if you provide products or services that involve the possibility of future earnings or income, be sure to select the option for an earnings and income disclaimer. In addition, you should select and create a separate document titled ?Earnings And Income Disclaimer? and link it to this your home page preferably at the bottom of the home page, and on each additional page as well just as you will do with your Legal Page, Terms of Use, and Privacy Policy. Note also that the FTC requires that you have clinical data to substantiate any claim by a testimonialist or endorser, plus you?re required to disclose the ?generally expected performance?. According to the FTC: “If the advertiser does not have substantiation that the endorser’s experience is representative of what consumers will generally achieve, the advertisement should clearly and conspicuously disclose the generally expected performance in the depicted circumstances, and the advertiser must possess and rely on adequate substantiation for that representation.”***/
LEGAL NOTICES
Copyright 2003-2013 Val Heart & Friends, LLC All rights reserved worldwide.
H.E.A.R.T. System of Val Heart – all other trademarks are the property of their respective owners.
1. Special Disclaimer: Disclaimer: The entire contents of this website are based upon the opinions of Val Heart, unless otherwise noted. Individual guest articles are based upon the opinions of the respective author, who retains copyright as marked. This information is not intended to replace a one-on-one relationship with a qualified pet health care professional and is not intended as medical advice. It is intended as a sharing of knowledge and information from the research and experience of Val Heart and her community. Val encourages you to make your own pet health care decisions based upon your research and in partnership with a qualified pet health care professional..
2. Material Connections with Endorsers. Material connections involve the payment of compensation to endorsers or providing free promotional materials or benefits to endorsers.
2.1 Commissions and Fees. Some or all of the endorsers who provide testimonials or comments on this site regarding this site, its products or services may receive payment in the form of affiliate commissions, referral fees, or other fees from us. Although you might assume that these endorsements are biased by reason of compensation, to the best of our knowledge we believe these endorsements represent the honest opinions of the endorsers.
2.2 Free Promotional Materials or Benefits. Some or all of the endorsers who provide testimonials or comments on this site regarding this site, its products or services may have received free promotional materials or benefits from us. Although you might assume that these endorsements are biased by reason of these free promotional materials or benefits, to the best of our knowledge we believe these endorsements represent the honest opinions of the endorsers.
3. Success Story” or “Best-Case” Testimonials We Post. For Testimonials we post on our site that are in the nature of “success story” or “best-case” scenario testimonials (as distinguished from subjective opinions), we have data that will substantiate the results and also provide statements of expected typical results we believe consumers will generally achieve with our product or service, and we will provide this information upon request – email compliance.officer-at-valheart.com.
4. Subjective Opinion Testimonials We Post. For Testimonials we post on our site that are in the nature of subjective opinions, we do not independently verify, nor do we seek independent verification; however, to the best of our knowledge we believe the testimonialists are giving their honest opinions. If you?re not sure regarding whether a particular testimonial is a “success story”/”best-case” scenario testimonial or a subjective opinion testimonial, email our compliance officer at the email address provided above and request clarification.
5. Blog Posts by Others. We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, its products or services. For this reason, if others post “success story” or “best-case” scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.
6. Material Connections with Advertisers. Material connections involve the payment of compensation by advertisers to us or advertisers providing free promotional materials or benefits to us.
6.1 Commissions and Fees. Some or all of the advertisers for which we provide advertisements, testimonials or comments on this site may pay us in the form of advertising fees, affiliate commissions, referral fees, or other fees. Although you might assume that our endorsements are biased by reason of compensation, we strive to give our honest opinions and evaluations.
6.2 Promotional Materials or Benefits. Some or all of the advertisers for which we provide advertisements, testimonials or comments on this site may pay us in the form of free promotional materials or benefits. Although you might assume that our endorsements are biased by reason of free promotional materials or benefits, we strive to give our honest opinions and evaluations.
Use of this site including any content, service, or product displayed, published, or downloaded from this site is subject to all the terms and conditions of our Terms of Use and Privacy Policy. In addition, registered users are required to enter into an additional agreement.
/***Instructions for FTC Guides Email Disclosure: If you promote the products or services of others by emails to your list, and if you receive payment or free promotional materials or benefits from the advertisers, these promotional emails are required to include an FTC Guides disclosure. This FTC Guides disclosure should not be posted to your website. Instead, you should place this disclosure at the bottom of each email you send for which you are compensated.***/
FTC Disclosures Regarding This Email Promotion: the Federal Trade Commission (FTC) requires that we disclose any material connection we may have with a product manufacturer or service provider (advertiser) (16 CFR, Part 255 – Guides Concerning the Use of Endorsements and Testimonials in Advertising). You should assume that (i) we, the sender of this email, have an affiliate relationship and/or other material connection with the providers of products and/or services of others that are advertised or recommended in this email, and (ii) that we may be paid affiliate commissions, referral fees, or other fees, or that we may receive free promotional materials or benefits for sales of these products and/or services. Even though we may be compensated, we strive to give our honest opinions and evaluations.
/***Instructions For MEMBERSHIP AGREEMENT: with the scroll box method of “click-wrapped” agreement presentation, the agreement should be presented electronically to the user as part of the registration process. A significant portion of the agreement should be visible in the box in order to provide conspicuous notice to the user of a legal agreement. The user should not be permitted to continue with registration until there is an acceptance that is indicated by checking the “I ACCEPT” checkbox (or by clicking on an “I ACCEPT” button). In order to require the user to make an affirmative action to indicate acceptance, the checkbox for “I ACCEPT” should either be presented unchecked, or if there is a checkbox for “DECLINE” (instead of a button), it should be checked as the default choice. For an example of a scroll box presentation, go to https://digicontracts.com/free-stuff/scroll-box-example/***/
VAL HEART (“VHEART”) IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON “I ACCEPT”, YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN VHEART IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.
MEMBERSHIP AGREEMENT
Effective Date: January 1, 2013
To review material modifications and their effective dates scroll to the bottom of the page.
1. Parties. The parties to this legal Agreement are you, and the owner of this valheart.com website business, vheart. If you are not acting on behalf of yourself as an individual, then “you”, “your”, and “yourself” means your company or organization or the person you are representing. All references to “we”, “us”, “our”, “this website” or “this site” shall be construed to mean this valheart.com website business and vheart.
2. Agreement. The legal Agreement between you and vheart consists of this MEMBERSHIP AGREEMENT, plus our Terms of Use and Privacy Policy which are incorporated herein and accessible on this site?s home page. If there is any conflict between this MEMBERSHIP AGREEMENT and the Terms of Use, this MEMBERSHIP AGREEMENT shall take precedence.
3. Modification of Agreement. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site’s home page and/or by giving you prior notice of a modification. You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
4. Membership Eligibility. Memberships are not available to Minors under the age of 18 years of age and any user that has been suspended or removed from the system.
5. Membership Services. Membership services include Access to the AnimalTalk Coaching Club Forum and Bonus Offerings (“Services”). We reserve the right to update and modify the Services from time to time.
6. Membership Use and Restrictions. Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy, you may access and use this site’s Services, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by us and our licensors.
6.1 You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.
6.2 You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content;(iii) “frame” or “mirror” any site, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose.
6.3 You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.
7. Ownership. The material provided on this site and via our Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
8. Membership Term. The term of your membership shall be specified during the registration process. After the expiration of this term, you may purchase another membership in accordance with the terms and conditions posted at this site.
9. Termination. You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies. Termination of your account includes (i) removal of access to all Services, and (ii) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.
10. Your Account-Related Responsibilities. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.
11. Membership Fees; Periodic Payment; ROSCA Disclosures.
11.1 You agree to pay membership fees as specified in the registration process. Payment of membership fees may be by credit card online at this site, or by any other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.
11.2 In accordance with the Restore Online Shoppers Confidence Act (ROSCA), you hereby authorize vheart to charge the credit card used in the registration process, as follows: charges will be monthly, for the dollar amount, and for the billing periods that are specified in the registration process. If the credit card authorization fails, we will request updated credit card information. However, if you do not provide updated credit card information that successfully authorizes within 72 hours after notice, we may terminate your account and rights to all Services from this site.
11.3 We will email you a notice after each payment that will also provide you with a simple mechanism for canceling all future payments.
12. License Grant For Content. Subject to the terms of this Agreement, you are granted non-exclusive rights to download and use the content available for download from this website (“Content”) only for purposes of use for your own animal communication skill development.
13. Use Restrictions For Content. You may copy the Content for archival purposes, provided that any copy must contain the original Content’s proprietary notices in unaltered form. You may not: (i) permit others to use the Content; (ii) modify or translate the Content; (iii) merge the Content with another product; (iv) remove or obscure any proprietary rights notices or labels on the Content; or (v) resell, sublicense, or use the Content for any commercial use or purpose.
14. Money-Back Guarantee For Services. We offer a thirty (30) day money-back guarantee. If You are not satisfied with the this site’s services, you will receive a complete refund if you notify us within thirty (30) days of your registration requesting a refund under this guarantee.
15. Technical Support. We shall answer questions by email and telephone during our normal business hours regarding the use of the Services.
16. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Disclaimer: The entire contents of this website are based upon the opinions of Val Heart, unless otherwise noted. Individual guest articles are based upon the opinions of the respective author, who retains copyright as marked. This information is not intended to replace a one-on-one relationship with a qualified pet health care professional and is not intended as medical advice. It is intended as a sharing of knowledge and information from the research and experience of Val Heart and her community. Val encourages you to make your own pet health care decisions based upon your research and in partnership with a qualified pet health care professional.. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR 100% SECURE. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND/OR UNAUTHORIZED ACCESS OR ACQUISITION OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Confidential Information. You agree that all non-public information that we provide regarding the Services, including without limitation, our pricing, marketing methodology, and business processes, is our proprietary confidential information. You agree to use this confidential information only for purposes of exercising your rights as our affiliate while in strict compliance with this Agreement, and you further agree not to use or disclose this confidential information for a period of three (3) years after termination of this Agreement.
19. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
20. Export Control. This site provides Services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site (“User”) acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
21. Registration Data. Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form (“Registration Data”), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.
22. How We Treat Postings To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
23. Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
24. Monitoring. We reserve the right to monitor your access and use of this website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site?s home page.
25. Security. You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your link to the Internet. We shall implement reasonable and adequate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion; provided, however, unless resulting from our failure to perform the forgoing obligations, you agree that we shall not, under any circumstances, be held responsible or liable for situations (i) where data or transmissions are accessed by third parties through illegal or illicit means, or (ii) where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to us at the time. We will promptly report to you any unauthorized access to your data promptly upon discovery by us, and we will use diligent efforts to promptly remedy any breach of security that permitted such unauthorized access. In the event notification to persons included in your data is required, you shall be solely responsible for any and all such notifications at your expense.
26. Notices. We may give notice to you by means of (i) a general notice in your account information, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us as follows: Val Heart, 1738 Donerail St, , San Antonio, TX 78248, in either case, addressed to the attention of “President of the Company”. Notices will not be effective unless sent in accordance with the above requirements.
27. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator?s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in San Antonio, Texas, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of State of Texas, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
28. Jurisdiction and Venue; Applicable Law. The courts of Bexar County in the State of Texas, USA and the nearest U.S. District Court in the State of Texas shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. The laws of State of Texas, USA shall apply to all issues in dispute, excluding its rules regarding conflicts of law.
29. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
30. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
31. Survival. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof.
32. U.S. Government End-Users. We provide the Web Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Web Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data ? Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. Unpublished-rights reserved under the copyright laws of the United States.
33. Miscellaneous. This Agreement, our Terms of Use, and our Privacy Policy (collectively the “Website Terms and Conditions”) constitute the entire understanding of the parties with respect to this site and merges all prior communications, representations, and agreements. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. If you are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: “The parties confirm that this Agreement and all related documentation is and will be in the English language.”); and (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.
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Material Modifications Since January 1, 2013: none.
/***Instructions For Privacy Policy For General Audience Websites: this Privacy Policy is intended for use with general audience websites that do not target children under age 13 or teens. To incorporate this Privacy Policy into your website, place link to this page on the home page preferably at the bottom of the home page, and on each additional page as well. Check out how the Privacy Policy link is presented at the bottom of the digicontracts.com home page at https://digicontracts.com/. Note: (1) review your Privacy Policy periodically to verify if your actual practice of collection, use, and sharing of data matches the provisions of your Privacy Policy (if not, amend immediately) (IF YOU MAKE A PRIVACY OR SECURITY PROMISE IN YOUR PRIVACY POLICY, YOU’D BETTER KEEP IT BECAUSE THE FTC VIEWS THESE PROMISES ESSENTIALLY AS ENFORCEABLE CONTRACTS); (2) be sure to activate and monitor the email address for notices (compliance.officer-at-valheart.com); and (3) data security is a key element of your Privacy Policy, so be sure to implement “reasonable and appropriate” data security measures.***/
PRIVACY POLICY
Effective Date: January 1, 2013
To review material modifications and their effective dates scroll to the bottom of the page.
Val Heart (“vheart”) owns and operates this valheart.com website business. All references to “we”, “us”, this “website” or this “site” shall be construed to mean vheart. We understand that visitors to this website are concerned about the privacy of information. The following describes our privacy policy regarding information, including Personal Information (defined below), that we collect through this website. By using this website you are accepting the practices described in this Privacy Policy.
HOW WE MODIFY THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time, and without prior notice, by posting an amended Privacy Policy that is always accessible by clicking on the “Privacy Policy” link on this site’s home page. Your continued use of this site indicates your acceptance of the amended Privacy Policy.
Regarding Personal Information (defined below), if any modifications are materially less restrictive on our use or disclosure of the Personal Information previously disclosed by you, we will obtain your consent before implementing such revisions with respect to such information.
THE TYPES OF INFORMATION WE COLLECT
Personal Information. We collect information from you that is protected for purposes of privacy and data security (?Personal Information?). Personal Information that we collect may vary with each separate purpose for which you provide it, and it may include one or more of the following categories: name, physical address, an email address, phone number, credit card information including credit card number, expiration date, and billing address, and location data.
Non-Personal Information. We reserve the right to collect anonymous information such as your browser type, the URL of the previous website you visited, your computer?s operating system and Internet protocol (IP) Address, Internet domain and host name, your Internet Service provider, your clickstream data, and the dates and times that you may access this site and specific pages (“Non-Personal Information?). Non-Personal Information is essentially anonymous when collected.
HOW AND WHEN WE COLLECT INFORMATION
Personal Information. We collect Personal Information at the time you provide it to us. We collect Personal Information through sign-up forms and as part of your registration for an account, product, or service from this website. Personal Information that we collect may vary with the each sign-up or registration.
Your Communications With Us. We collect Personal Information that we receive from you as you communicate with us.
Passive and Analytical Information. We reserve the right to monitor your use of this site. As you navigate through this site, Non-Personal Information may be passively collected (that is, gathered without your actively providing the information) using various analytics and reporting technologies, such as cookies and web beacons.
HOW WE USE YOUR INFORMATION
We use your Personal Information for the performance of the services or transaction for which it was given, our private, internal reporting for this site, and security assessments for this site.
We may use your Personal Information to send you emails and/or pre-recorded phone messages (see EMAIL AND PRE-RECORDED PHONE MESSAGES; OPT-OUT below).
We reserve the right to make full use of Non-Personal Information. For example, we may use Non-Personal Information to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends about the use of this site, and otherwise administer and improve this site for your use.
INFORMATION SHARING AND DISCLOSURE
General Disclosure Policy. We reserve the right to disclose your Personal Information as described below. We reserve the right to disclose Non-Personal Information without restriction.
Affiliated Entities. We reserve the right to provide your Personal Information and Non-Personal Information to any affiliated entities we may have, including our subsidiaries. Affiliated entities are entities that we legally control (by voting rights) or that control us.
Service Providers. We reserve the right to provide access to your Personal Information and Non-Personal Information to our trusted service providers that assist us with the operation and maintenance of this site. For example, we may contract with third parties to process payments, host our servers, provide security, and provide production, fulfillment, optimization, analytics, and reporting services. Our service providers will be given access to your information only as is reasonably necessary to provide the services for which they are contracted.
Successors. If we sell or otherwise transfer part or all of our business or assets to another organization, such as in the course of an acquisition, merger, bankruptcy or liquidation, we may transfer your Personal Information and Non-Personal Information. In such an event, we will require the buyer or transferee will to agree to our commitments provided in this Privacy Policy.
Legal Process, Enforcement and Security Notice. We reserve the right to disclose your Personal Information and Non-Personal Information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), (ii) to detect, prevent, and address fraud or other illegal activity, and (iii) to investigate, respond to, or enforce violations of our rights or the security of this site. If we believe that the security of your Personal Information may have been compromised, we may notify you of the relevant facts as promptly as possible under the circumstances, and if you have provided us your email address, we may notify you by email. You consent to our use of your email address for this purpose.
When We Act as a Marketing Affiliate or Reseller for Others. We may act as a marketing affiliate or reseller for certain of our marketing partners for purposes of selling their products or services to you, and we reserve the right to right to disclose your Personal Information to them for purposes of transaction processing, fulfillment, and support. These marketing partners may also email you regarding complimentary products or services, however, you have two ways to opt out of receiving these emails ? (i) contact us (as provided below under the Contact Us heading) with a request to opt out, or (ii) wait until you receive an email from them and then unsubscribe.
Third Parties For Direct Marketing Without Restriction. We reserve the right to share your Personal Information with third parties for direct marketing purposes without restriction.
Your California Privacy Rights. As described above, from time to time, we make your Personal Information available to third parties. If you do not want us to share your Personal Information with other companies or organizations, you may request opt-out of this information sharing by making a request at the following email address: compliance.officer-at-valheart.com. This notice is designed to comply with California’s “Shine the Light” law, but the opt-out option is available to all of our users.
Third-Party Advertising Partners. We reserve the right to share Non-Personal Information with third party advertising partners with which we have relationships. We will display only contextual ads which will be based solely on the context of this site, and not will not be targeted based on your browsing history on this site or activities on other websites. These third party ad servers or ad networks may also use cookies to track your activities on this site to measure advertisement effectiveness and other reasons that will be provided in their own privacy policies, and we have no access or control over these cookies that may be used by third party advertisers. Any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites. You should review any privacy policies posted on any of these sites before providing information to them.
SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS
In order to provide better service for our site, we may use Cookies and Web Beacons to collect Non-Personal Information to store your preferences and information about what pages you visit and past activity at our site. We may also employ Web Beacons from third parties in order to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations of our site.
“Cookies” are tiny pieces of information stored by your browser on your computer’s hard drive. Cookies are also used to customize content based on your browser. Most browsers are initially set to accept cookies. If you want to disable cookies, there is a simple procedure in most browsers that allows you to turn off cookies. Please remember, however, that cookies may be required to allow you to use certain features of our site. We reserve the right to use third party web analytics services that use third party cookies (cookies passed by them, not by us) to collect Non-Personal Information about your use of this site. These web analytics services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service’s behalf.
Web Beacons – sometimes called single-pixel gifs or clear gifs – are used to assist in delivering cookies, and they allow us to count users who have visited pages of our site. We may include Web Beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.
DATA SECURITY
We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your Personal Information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.
When you transmit Personal Information through our registration process or if you purchase products or services, we encrypt that information in transit using secure socket layer technology (SSL).
After the secure transfer of your Personal Information, the information is maintained and stored with 128-bit encryption.
ONWARD TRANSFER OUTSIDE YOUR COUNTRY OF RESIDENCE
Any Personal Information which we may collect on this site will be stored and processed in our servers located only in the United States. By using this site, if you reside outside the United States, you consent to the transfer of Personal Information outside your country of residence to the United States.
UPDATING PERSONAL INFORMATION
Upon request, we will permit you to request or make changes or updates to your Personal Information for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your Personal Information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.
EMAIL MESSAGES; OPT-OUT
If you supply us with your e-mail address you may receive periodic messages from us with information specific to the site and required for the normal functioning of the site as well as for new products or services or upcoming events or offers from us. If you prefer not to receive these periodic email messages, you may opt-out by following the instructions in the email. Some of these emails from us may contain promotional offers on behalf of third party marketing partners which we select; however, in these instances, we do NOT share your Personal Information with the third party marketing partner for purposes of the mailing; we do the mailing for them. However, if you do click on any of the links to their websites or accept any of these promotional offers, your click-through information and any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites. You should be careful to review any privacy policies posted on any of these sites before providing information to them.
LINKS TO OTHER SITES
This site may contain links to other websites with whom we have a business relationship. These links may include online advertisements that we deem to be appropriate. If you do click on any of the links to their websites or accept any of their promotional offers, your click-through information and any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites; however, we have entered into agreements with these websites which provide that unless you specifically agree otherwise, they will use and share your Personal Information only for the purpose of providing or fulfilling your request for products or services. You should be careful to review any privacy policies posted on any of these sites before providing information to them.
CHILDREN?S ONLINE POLICY
We are committed to preserving online privacy for all of its website visitors, including children. This site is a general audience site. Consistent with the Children’s Online Privacy Protection Act (COPPA), we will not knowingly collect any information from, or sell to, children under the age of 13. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child’s information, please contact our site as provided below under “Contact Us”, and be sure to include in your message the same login information that your child submitted.
CONTACT US
If you have any questions regarding this Privacy Policy, please contact the owner and operator of this website business at:
Val Heart
Attn: Privacy Policy Officer
1738 Donerail St
San Antonio, TX, 78248
Email: compliance.officer-at-valheart.com
Telephone: 2104935918
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Material Modifications Since January 1, 2013: none.
/*** Instructions For ROSCA Continuity Plan Change Notice: use this document as an email notice for emailing to each recurring billing customer of a Continuity Plan immediately AFTER YOU MAKE A MATERIAL CHANGE TO THE PLAN (any change to the plan that may cause a customer to opt out should be notified). If you charge a customer?s credit card periodically on a recurring basis (such as monthly with a Membership site) you are operating a Continuity Plan (also known as a Negative Option Plan) that is regulated by (i) the Restore Online Shoppers Confidence Act (ROSCA) signed into law by President Obama on December 29, 2010, and (ii) the California SB 340 amendments. ROSCA requires you to (i) make certain disclosures to the consumer (for Internet Marketer 2.0 and SaaS Marketer 2.0 subscribers, see the Rules of The Road Video titled ?FTC Rules for Continuity Programs?), (ii) after making these disclosures to obtain the express consent (i.e. clicking an I AGREE button) of the consumers to the Negative Option Recurring Billing Plan, and (iii) provide a simple mechanism for consumers to stop the recurring payments. Cal. SB 340 requires you to provide to provide (i) a conspicuous display of the plan terms, (ii) express consent (i.e. clicking an I AGREE button), (iii) an acknowledgment of renewal terms, cancellation policy, and how to cancel, and (iv) a conspicuous notice of material changes and how to cancel. ***/
Email Subject: Change Notice From valheart.com
1. Thank You From: Val Heart at valheart.com
2. Description: ______________________________
3. Order No.: _____________________________________
4. Plan Change Notice: We have changed our plan terms, as follows: ___________________________.
5. Retention: You may retain this notice by printing and/or archiving this email.
6. Questions: If you have any questions regarding your account, please contact us:
Val Heart
1738 Donerail St
San Antonio, TX, 78248
Email: [email protected]
Telephone: 951-672-2968
/*** Instructions For ROSCA Continuity Plan Purchase Receipt: use this document on an optional bases (see comment re ?Optional? below) as an email notice for emailing to each recurring billing customer of a Continuity Plan immediately AFTER EACH RECURRING PAYMENT (example: if payments are monthly, this notice should be emailed after each monthly payment). If you charge a customer?s credit card periodically on a recurring basis (such as monthly with a Membership site) you are operating a Continuity Plan (also known as a Negative Option Plan) that is regulated by (i) the Restore Online Shoppers Confidence Act (ROSCA) signed into law by President Obama on December 29, 2010, and (ii) the California SB 340 amendments. ROSCA requires you to (i) make certain disclosures to the consumer (for Internet Marketer 2.0 and SaaS Marketer 2.0 subscribers, see the Rules of The Road Video titled ?FTC Rules for Continuity Programs?), (ii) after making these disclosures to obtain the express consent (i.e. clicking an I AGREE button) of the consumers to the Negative Option Recurring Billing Plan, and (iii) provide a simple mechanism for consumers to stop the recurring payments. Cal. SB 340 requires you to provide to provide (i) a conspicuous display of the plan terms, (ii) express consent (i.e. clicking an I AGREE button), (iii) an acknowledgment of renewal terms, cancellation policy, and how to cancel, and (iv) a conspicuous notice of material changes and how to cancel. Note that this document may be Optional, meaning that ROSCA requires that you provide ?simple mechanisms for a consumer to stop recurring charges from being placed on the consumer?s credit card, debit card, bank account, or other financial account?, and currently there is no established guidance as to what ?simple mechanisms? really means. For example, it may mean that you should provide this notice after each payment, or it could mean that the original Continuity Acknowledgement may be sufficient. Bottom line, the conservative approach would be to send this Payment Receipt with each payment, and the less conservative approach would be to rely solely on the original Continuity Acknowledgement for compliance with the ?simple mechanisms? requirement. ***/
Email Subject: Purchase Receipt From valheart.com
1. Thank You From: Val Heart at valheart.com
2. Description: ______________________________
3. Order No.: _____________________________________
4. Total Charges: _____________________________
5. Questions: If you have any questions regarding your account, please contact us:
Val Heart
1738 Donerail St
San Antonio, TX, 78248
Email: [email protected]
Telephone: 951-672-2968
/***Instructions For ROSCA Continuity Plan Purchase Acknowledgement: use this document as an email notice for emailing to each recurring billing customer of a Continuity Plan immediately AFTER THE INITIAL PAYMENT (this is a receipt or confirmation of sale). If you charge a customer?s credit card periodically on a recurring basis (such as monthly with a Membership site) you are operating a Continuity Plan (also known as a Negative Option Plan) that is regulated by (i) the Restore Online Shoppers Confidence Act (ROSCA) signed into law by President Obama on December 29, 2010, and (ii) the California SB 340 amendments. ROSCA requires you to (i) make certain disclosures to the consumer (for Internet Marketer 2.0 and SaaS Marketer 2.0 subscribers, see the Rules of The Road Video titled ?FTC Rules for Continuity Programs?), (ii) after making these disclosures to obtain the express consent (i.e. clicking an I AGREE button) of the consumers to the Negative Option Recurring Billing Plan, and (iii) provide a simple mechanism for consumers to stop the recurring payments. Cal. SB 340 requires you to provide to provide (i) a conspicuous display of the plan terms, (ii) express consent (i.e. clicking an I AGREE button), (iii) an acknowledgment of renewal terms, cancellation policy, and how to cancel, and (iv) a conspicuous notice of material changes and how to cancel. ***/
Email Subject: Purchase Acknowledgment From valheart.com
1. Thank You From: Val Heart at valheart.com
2. Description: ______________________________
3. Order No.: _____________________________________
4. Renewal and Cancellation: For our renewal terms, cancellation policy, and how to cancel, visit _________________________________.
5. Retention: You may retain this notice by printing and/or archiving this email.
6. Questions: If you have any questions regarding your account, please contact us:
Val Heart
1738 Donerail St
San Antonio, TX, 78248
Email: [email protected]
Telephone: 951-672-2968
/***Instructions For Privacy-Security Agreement: THE ACTUAL AGREEMENT IS NOT SHOWN BECAUSE YOU SHOULD DRAFT THIS AGREEMENT SEPARATELY, 1 FOR EACH SERVICE PROVIDER. These agreements are not posted on the website; they should be filed with the your legal records.***/
/***Instructions For DMCA Registration Form: this form is not posted on the website; it should be filed with the U.S. Copyright Office. There is a filing fee of $105, payable to the Register of Copyrights. Print, sign, date, and mail this form with the filing fee check to: Copyright RRP, PO Box 71537, Washington D.C. 20024; (this header is a marker only; do not include it with your document).***/
DIGITAL MILLENNIUM COPYRIGHT ACT REGISTRATION NOTICE
Interim Designation of Agent to Receive Notification of Claimed Infringement
Full Legal Name of Service Provider: Val Heart
Alternative Name(s) of Service Provider (including all names under which the service provider is doing business): valheart.com
Address of Service Provider: 1738 Donerail St, San Antonio, TX 78248
Name of Agent Designated to Receive Notification of Claimed Infringement: Val Heart
Full Address of Designated Agent to which Notification Should be Sent: 1738 Donerail St, San Antonio, TX 78248
Telephone Number of Designated Agent: 2104935918
Email Address of Designated Agent: [email protected]
Signature of Officer or Representative of the Designating Service Provider:
_____________________________ Date: ________
Val Heart, Owner/Founder
