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Carried In My Heart Our Policies-Adoption, Resources, Community
 

 

Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing state of Delaware, United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

Confidentiality

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than for the purposes of fulfilling contracted services or goods or if legally required to do so to the appropriate authorities. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, trade, or rent your personal information to any third party, other than for the purposes of fulfilling contracted services or goods. Use of your email by this Company will only be in connection with the provision of agreed services and products. You further agree that this Company may use the information we collect periodically to notify you about the website, content, forums or products represented on our website including, but not limited to advertisement of forum events, special offers, featured products, and existing or newly added resources.

Disclaimer

Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages including consequences related directly or indirectly to any information, recommendations, or actions by any person using the Company’s website, included but not limited to the Resources, Community Forums and/or Products.
  • provides information on this website as intended to serve as an educational supplement to your knowledge base and is in no way to be considered medical, legal or other advice. The content of this site is completely subjective and not meant to replace the role of any qualified professional.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

PayPal is the acceptable method of payment. Our Terms are payment in full at time of purchase. All goods remain the property of the Company until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid via collection Agencies and/or through the Court system. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Return Policy

Purchases may be returned for a refund if returned within 21 days. Purchase price will be returned but not the shipping amount. The Client is responsible for the shipping amount to return items. Merchandise must be returned in the same condition that it was received. Failure to do so will result in forfeiture of the purchase price.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. The Company reserves the right to immediately, without notice to suspend or terminate these terms of service and/or the Clients access to our website, content, resources, community forums and products based upon any breach of the Terms of Service by the Client. You agree to notify the Company of any unauthorized use of your registration in all aspects of the Company’s website, including the Community Forums and Product components. Community Forums will be monitored. Inappropriate postings and/or content will be deleted or edited without notification. The Company reserves the sole right to determine and delete or modify any content deemed inappropriate on its website.

General Community Forum Policies

Content posted by the Client will be accessible by all Community Members or Guests and the Client acknowledges that this content may be used for personal purposes. Profanity and/or any type of personal attack between Community members and/or with moderators or administrators is not permitted. Client acknowledges their use of the Community Forums, included but not limited to participation in discussion threads, Q&A’s, and special events, and any direct or indirect consequence is their sole responsibility and they are acting in accordance to applicable state and federal laws, inclusive but not limited to their disclosure of personally identifiable information and compliance with intellectual property and criminal law. The Client represents that all content they post to the website is within their rights and they are giving The Company the right to display and/or regenerate this content or partial content on the internet or in printed materials without compensation ever. This includes the Company’s license to use, reproduce, modify, create derivatives, publish, distribute unrestricted and/or to include in other materials, included but not limited to books, articles or other referential resources.

Availability
You are solely responsible for evaluating the fitness for a particular purpose of any content, product, service or event available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s products, services or events and the full content of this website. Unless otherwise indicated, copyright belongs to the Company.

This Company’s logo is a trademark of this Company in the United States and other countries. The brand names and specific products and services of this Company featured on this web site are trademarked.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of this Company, including but not limited to all content, products, services or events is expressly prohibited.

Solicitation Policy

Solicitation and/or advertising of any kind is prohibited anywhere on the Company’s website without express written approval by Carried In My Heart, LLC. This includes, but is not limited to, member to member or broad solicitation or advertising within the Community Forums.

Communication
Contact information can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

This company is registered in the State of Delaware, United States with the State of Delaware Department of State Division of Corporations, PO Box 898, Dover, DE 19903 as Carried In My Heart, LLC (also known as carriedinmyheart.com).

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of the State of Delaware, United States govern these terms and conditions. By accessing this website and/or using our products and/or services, included but not limited to the Community Forums, Resources and Products, you consent to these terms and conditions and to the exclusive jurisdiction of the State of Delaware Superior Courts in Wilmington, Delaware in all disputes and subject matter arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company. All protection provided to the Company extends to its’ officers, employees, volunteers, sponsors and advertisers.

Notification of Changes

The Company reserves the right to change these terms and conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. The Company’s policies are made available on the appropriate pages of the website for review by the Clients. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or use of our products, services or events and the full content of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© Carried In My Heart, LLC 2010. All Rights Reserved