PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE (www.youcanhealyourheartbreak.com) AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER.
These Terms and Conditions (“Terms and Conditions”) are made between you, as a user of this website and of the products and services offered on this website, and by Blue Hayes Publishing, a California company (“Company” or “we”). You understand that by (a) using this website, (b) purchasing any products or services from the website, or (c) utilizing any such products or services, you are agreeing, and will be deemed to have agreed, to these Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized on this website, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions, do not use this website.
Your Representation to Company
By using this website, purchasing any products or services from the website, or utilizing any such products or services, you represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under these Terms and Conditions; (b) you have reviewed these Terms and Conditions in their entirety and shall comply with all of these Terms and Conditions; (c) if you purchase products or services through the website, you will provide accurate and complete information, including, without limitation, your legal name, email and mailing addresses, telephone number(s) and credit card information; and (d) you are the authorized signatory of the credit or charge card provided to Company to pay for products and services purchased from the website.
GENERAL TERMS & CONDITIONS:
Scope of Terms and Conditions
These Terms and Conditions apply to your use of all of the website at www.youcanhealyourheartbreak.com, as well as any of its subdomains and related domains or shopping cart pages (collectively, “the Site” or “this Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
Ownership of Website Content
Unless otherwise noted, all content on the Site, which shall include, without limitation, all products and services offered on or accessed through the Site (collectively, the “Site Content”), are the sole and exclusive property of Company, Company's affiliates, or Company’s third-party licensors and are protected by U.S. laws and international treaties. By accepting these Terms and Conditions, you do not become the owner of any Site Content, but are entitled to use the Site Content according to these Terms and Conditions and subject to all additional intellectual property notices, information, or restrictions accessed through the Site. As used herein, “Site Content” shall include, without limitation, all text, editorial content, course materials, images, graphics, logos, illustrations, photographs, video, audio, and other materials on, offered by, or accessed through the Site, as well as the designs, icons, layout, "look and feel," and all other graphical elements, and all code and software of the Site and all copyrights, trademarks, service marks, trade names, patents, and other intellectual property rights in any of the foregoing.
License of Website Content
You are being provided a limited, non-exclusive, non-transferable and revocable license to browse the Site and, if you elect to register with the Site, to use the Site to purchase products and services offered on the Site, participate in Forums (as defined under the “Public Forum Participation Policy and Terms” section and as Forums are made available), and to undertake other activities that may be offered by the Site from time to time, subject to the restrictions and limitations set forth in these Terms and Conditions. If you purchase products or service offered on or accessed through the Site, your purchase shall constitute a limited, non-exclusive, and revocable license to use the products and service subject to these Terms and Conditions.
Permitted Uses of Website Content
Subject to any terms of purchase described on the Site, products and services offered on the Site are for your own personal, non-commercial use only. Certain products and services may only be accessed through the Site and may not be downloaded. Products and services purchased by you that may only be accessed through the Site shall only be accessible through the Site for one (1) year from the date of purchase. For products or services, or portions thereof, that may be downloaded, or any other Site Content which you may download, you may only download and print a single copy of such Site Content on a single computer for your own personal, non-commercial use, provided you keep intact all copyright and other proprietary notices contained in the original Site Content on any copy you make. Except as described in these Terms and Conditions, or in the terms of purchase for products or services offered by the Site, you are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer, or in any manner distribute or otherwise use or permit others to use any Site Content or any copies thereof. You must not reverse engineer, decompile, or disassemble any Site Content. The license to use the Site Content as described in the “License of Website Content” section will automatically terminate if you fail to comply with any these Terms and Conditions. In the event this license is terminated, you must immediately destroy any copies you have made of the Site Content.
We reserve the right in our sole and absolute discretion to refuse access to the Site, or any areas on the Site, or to provide any product or service to any person or entity for any reason.
You, as the user of the Site, agree not to do any of the following while using the Site:
You are prohibited from violating or attempting to violate the security of the Site. We have the right, but not the obligation, to investigate occurrences of possible violations, and will cooperate with all applicable law enforcement authorities in prosecuting violators. We may suspend your access to the Site while we conduct an investigation. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.
Purchase of Products and Services
An order to purchase products and/or services offered by the Site is not binding upon Company until it is accepted. Company must receive payment before it will accept an order and allow you to access or download products or services, or before we ship any product or provide any service (as applicable, depending on the product or service purchased). You can make payment by credit card, or some other method prearranged with Company. You agree to pay the amounts due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Users are eligible, at Company’s discretion, for 100% refund on products or services purchased. Refunds are offered within one year of the purchase date. Refund request must be submitted in writing or by email to firstname.lastname@example.org. Refunds for 100% of the total purchase price will be distributed by check within the United States. International refunds will be processed via Paypal, or as a credit to the card used to make the original purchase, if available. No refund checks will be distributed to international customers.
Refunds will be processed within 3 business days of approval by the Company.
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations. We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other site. You should direct any concerns to that site administrator or webmaster. Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by Company for any other type of link to the Site. To seek Company’s permission, you may send an email to email@example.com. We reserve the right, however, to rescind any permission granted by Company to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at Company's discretion at any time.
The address and phone number for the Company is:
Blue Hayes Publishing
3940-7264 Broad Street
San Luis Obispo, CA 93405
You can reach Company’s customer support by email at firstname.lastname@example.org.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
Company may, from time to time, offer warranties for particular products or services offered by or through the Site. Any such warranties, if given, will be specifically set forth in writing in the Site description of the product or service offered. Except for any such express warranties, all Site Content, including, without limitation, any products and services offered by or through the Site, shall be governed by and subject to the disclaimers and limitation of liability described below.
General Disclaimer of Warranties
The services, products, and content on or accessed from this site are provided “as is,” and without warranties of any kind, either express or implied. We disclaim all warranties to the maximum extent of the law, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Neither we, nor any of our respective licensors or suppliers, warrant that any functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components.
Neither we, nor any of our respective licensors or suppliers, warrant or make any representations regarding the use or the results of the use of the services, products, or content offerred or accessed on the site in terms of their correctness, accuracy, reliability, or otherwise.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent any warranty cannot be disclaimed, a limited explict warranty is given by Company to the exclusion of any other remedy as follows: if a product or service purchased by you breaches a warranty that may not be disclaimed, and you notify Company within 30 days of purchase, the Company may, in Company’s discretion, either (a) replace the breaching service or product, or (b) refund of the monies paid for the breaching service or product.
By accessing the site, you understand that you may be waiving rights with respect to claims that are, at this time, unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, that provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special, incidental, or consequential damages that result from the use of, or the inability to use or access, the Site, any Site Content, or any products or services purchased through the Site, even if advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability for special, incidental, consequential, or other damages, so the above limitation or exclusion may not apply to you. In no event, however, shall the total liability to you by Company or any of Company’s licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the greater of (a) $100 or (b) if the liability arises from a product or service offered by the site and purchased by you, the amount paid by you to Company to purchase such product or service.
Disclaimer Regarding Content and Advice Provide On or Through the Site
Among other things, the Site (including products and services offered through the Site) provides advice from time to time, intended to assist users to improve their emotional feelings during a break up or divorce. The Company is not a medical organization and nothing on the Site is intended to constitute medical, health, or psychiatric advice. The information contained in or made available through the Site cannot and should not replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. Company does not warrant or guarantee the accuracy, completeness, adequacy, or timeliness of the information contained on the Site. Accordingly, Company and its respective employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. You agree that you are using the Site and the products and services offered by the Site at your own risk. By using the Site and the products and services purchased or accessed through the Site, you acknowledge that the Site and its products and services do not constitute the practice of any psychological, medical, or other professional health care advice, diagnosis, or treatment.
In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure that you are behaving in compliance with law, including but not limited to laws related to harassment, assault, or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized, or otherwise obtained from the Site). Neither we, nor our licensors and suppliers, will be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from your following the information offered or provided within or through the Site and its products and services, including but not limited to economic loss, injury, illness, or death.
Third Party Products, Service and Content.
The Site may from time to time include or refer to products, services and/or content provided by third parties. Unless expressly provided by Company on the Site, we do not endorse, warrant or guarantee any products or services or content provided by third parties and made available or referenced on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services or content made available or referenced on the Site.
Minimum Age Requirement
Users of the Site must be over 18 years of age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 18 years of age. If you are purchasing any of the products or services offered through or by the Site, you represent that you are at least 18 years of age.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of the Company and protected by U.S. and international copyright laws.
Special Purchase Terms
Authorization of Purchase
If you order anything posted on the Site, you are additionally agreeing to pay the amounts set forth therein, that the Company may charge your credit card for such amounts, and that you agree to the terms set forth on that webpage in addition to these Terms and Conditions.
If you have problems or concerns regarding the Company or your purchases, you may contact Company by emailing Company at email@example.com.
Company strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links, and any other product-related information contained herein or referenced on the Site. Due to human error and other determinates, we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links, and any other product-related information listed is entirely accurate, complete, or current, nor can we assume responsibility for these errors. In the event a product listed on the Site is labeled with an incorrect price due to some typographical, informational, technical, or other error, Company shall, at its sole discretion, have the right to refuse and/or cancel any order for said product and immediately amend, correct, and/or remove the inaccurate information.
GENERAL TERMS AND CONDITIONS
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions, the use of the Site, or the purchase of any products and services offered by or accessed through the Site shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of these Terms and Conditions shall not be governed by the United Nations Convention on the International Sale of Goods. Company and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, San Luis Obispo County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, with respect to the purchase of products and services offered by or accessed through the Site, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity, or otherwise, against Company that is more than one year after the date of purchase.
By using the Site, you agree that Company, at its sole discretion, may require you to submit any disputes arising from the use of the Site, or these Terms and Conditions concerning or including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“Rules”), by one arbitrator, appointed in accordance with said Rules. Notwithstanding the Rules, however, such proceeding shall be located in the County of San Luis Obispo, State of California, and governed by the laws of the State of California as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages, and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
If any provision contained in these Terms and Conditions is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms and Conditions, and the invalid, illegal, or unenforceable provision shall be deemed modified, so as to have the most similar result that is valid and enforceable under applicable California law.
The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect, in any way, the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms and Conditions shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These Terms and Conditions are the complete and exclusive agreement between the Company and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the Company and you relating to the subject matter of these Terms and Conditions. These Terms and Conditions may be supplemented by additional terms and conditions set forth in writing on the Site and accepted by the user. These Terms and Conditions shall in no event be explained or supplemented by any prior course of dealings or trade by custom or usage.
Reminder: Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Site.