Terms and Conditions of Use

Last updated January 1st, 2022

PURPOSE OF THIS AGREEMENT

Welcome to josephrickards.com / Open Hearts, LLC. We look forward to helping this Agreement set forth Your rights and obligations with
josephrickards.com / Open Hearts, LLC. customer. By clicking “I Agree,” You indicate that you have read and understood this Agreement and You will be bound by its Terms.

IMPORTANT- PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER JOSEPHRICKARDS.COM OR OVER THE PHONE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOU RECORDS.

The use of josephrickards.com (hereafter “website”), which is owned and maintained by josephrickards.com / Open Hearts, LLC. “we,” “our,” “us”), is governed by terms and conditions set forth below. We offer the Website, including all information, tools and services available from the website to you, the customer, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the website in any manner of form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND OPEN HEARTS, LLC. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY OPEN HEARTS, LLC. ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
Open Hearts, LLC reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at Terms and Conditions. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the terms.
SECTION 1 - WEBSITE USE
The website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operated a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 - WEBSITE CUSTOMER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Open Hearts, LLC trademark and logo are proprietary marks of Open Hearts, LLC, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register, as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Open Hearts, LLC.
Subject to your continued strict compliance with all Terms, Open Hearts, LLC provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the services provided by Open Hearts, LLC, whether alone, or in conjunction with others in any unlawful manner or a manner harmful to Open Hearts, LLC. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any services including, but not, limited to, refraining from:
1. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Open Hearts, LLC reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Open Hearts, LLC or any third party;

2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Open Hearts, LLC reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.

4. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Open Hearts, LLC, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

5. ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.

In addition to the foregoing, Open Hearts, LLC requires you to follow these best practices when sending electronic communications:
* Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
* Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
* Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
* Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of the electronic communications, and include a link to such privacy policy in your electronic communications.
* Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.
* Include in each electronic communication your valid physical mailing address or a link to that information.
* Do not send electronic communications to addresses obtained from purchased or rented lists.
* Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
* Do not routinely send electronic communications to non-specific addresses (e.g., [email protected] or [email protected]).
* Do not engage in spamming.
* Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
* Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
* Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
* Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
* Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other customers of our services.
* Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, see www.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing), direct to consumer pharmaceutical sales, and payday loans.

You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Open Hearts, LLC or otherwise.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement.

Our Privacy Statement may be viewed here, Privacy Policy. Open Hearts, LLC reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS

As a Open Hearts, LLC customer to our current or future services, you will be required to create accounts with software's that Open Hearts, LLC deem needed to send, transfer, and deliver the products to you and your business. Open Hearts, LLC may need to request access to the software's to make additional adjustments or changes to your services once transferred over if requested and paid for additional adjustments or changes to be made by Open Hearts, LLC. You warrant that the information you provide us to access the software is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your software account, and you agree that Open Hearts, LLC is not responsible or liable for any damages that accrue if and when you transfer your password or user name, or lend or otherwise transfer your use of or access to your software account, to any third party, so called “agency accounts.” Should you pay Open Hearts, LLC to make adjustments or changes to the services we have provided, you understand that Open Hearts, LLC will only access your software accounts after additional agreement has been signed with the exact adjustments and changes that you have requested and paid for. No additional adjustments or changes will be made that are outside the scope of work in the existing agreement. You agree that Open Hearts, LLC is not liable, and you will hold Open Hearts, LLC harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see section 21 below for additional information.

SECTION 5 - ORDER PLACEMENT AND ACCEPTANCE

Please see our full Refund Policy here. Open Hearts, LLC reserves the right to modify its Refund Policy in its reasonable discretion from time-to-time. Our Refund Policy is incorporated into this Agreement by reference.

If you have purchased online services (for example, Consulting Calls) from Open Hearts, LLC, you have the right to receive a refund within three (90) days of the date of your purchase, if you comply with the following conditions:

1. You must request a refund by e-mail to [email protected]

2. Unless subject to additional rights outlined in your purchase agreement, your request for a refund must be made within three (90) days of your purchase.

3. You understand that a refund can and may take up to two weeks to process after the initial request.

4. You understand that after you request a refund within the three (90) days of purchase no services or products will be delivered now or in the future.

SECTION 7 - AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

If you do not want to continue your services and products after your purchase, you must contact us by submitting a cancellation request to us via our support email address [email protected]. If you do not contact us, your services and project will automatically continue and any payment card that was provided at the time of enrollment will be charged any remaining amount left unpaid to Open Hearts, LLC.

If you wish to cancel your Open Hearts, LLC services and products at any time, you must submit a cancellation request to us via our support email address [email protected], as detailed Here. For services and products, we require at least three (90) days’ notice of cancellation by email from the first day of purchase. If you provide such notice less than three (90) days from the first day of purchase your credit card may still be charged for any remaining balance left unpaid. You will not be entitled to any refund for any payments to Open Hearts, LLC.

SECTION 8 - SERVICES AND PRODUCTS TERMS AND AUTOMATIC PAYMENTS

A Open Hearts, LLC customer is responsible for paying all sums due to Open Hearts, LLC in connection with their services and products in accordance with these terms. The amount payable in accordance with these Terms is due when the customer purchases services and products, unless payment is on a payment plan term therefore, the first payment amount will be due the first day when the customer has purchased services and products. A monthly payment plan is a condition for the services and products if the full amount is not paid upfront, or after you have not canceled the services and products with us. Every calendar month, your account will be charged the applicable tax fee for the following payments owed for your services and products, together with any other fees for the following services and products plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Open Hearts, LLC customer to use any of the services and products provided by Open Hearts, LLC does not relieve the Open Hearts, LLC customer of their payment obligations under these Terms.

Potential customers can pay by credit card, debit card or wire transfer. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the services and products together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment plan terms for the specific service purchased (unless the services and products are canceled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific services and products that are on a payment plan.

IF YOU ARE A OPEN HEARTS, LLC CUSTOMER WITH PURCHASED SERVICES AND PRODUCTS, AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY UNTIL FULL AMOUNT HAS BEEN PAID) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR PURCHASE. IF YOU WISH TO CANCEL YOUR SERVICES AND PRODUCTS AT OPEN HEARTS, LLC, YOU MAY DO SO BY EMAILING [email protected]. AT LEAST THREE (3) DAYS FROM THE FIRST DAY OF PURCHASE

Open Hearts, LLC reserves the right to immediately terminate customer’s services and products for any unpaid (in whole or part) period of the services and products (with or without notice). Termination of services and products in no way relieves or excuses the customer from any obligation to pay outstanding charges or expenses. In the event Open Hearts, LLC starts collection processes for any type, you will be liable for collection costs, including legal fees and expenses, as provided in Section 20 below.

In addition to any Fees, Open Hearts, LLC may also charge applicable value added or other tax.

SECTION 9 - SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

SECTION 10 - PRODUCTS, SERVICES, PRODUCTS AND PRICES AVAILABLE ON THE WEBSITE

Products, services, products and prices are generally posted at the following URL, but are subject to change: Terms and Conditions of Use. At times, Open Hearts, LLC may also offer services, such as: Consulting Calls, Sales Funnels, Funnel Templates, Email Copy, and Funnel Copy

Open Hearts, LLC reserves the right, without notice, to discontinue products, services, products or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to our products and services will not affect what you have already purchased and paid in full.

Open Hearts, LLC takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

When ordering products and services, please note that Open Hearts, LLC does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. Open Hearts, LLC descriptions of, or references to, products or services not owned by Open Hearts, LLC are not intended to imply endorsement of that product or service or constitute a warranty by Open Hearts, LLC.

SECTION 11 - EARNINGS DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY

Our Earnings Disclaimer Statement may be viewed here, Earnings Disclaimer. Open Hearts, LLC reserves the right to modify its Earnings Disclaimer Statement in its reasonable discretion from time-to-time. Our Earnings Disclaimer Statement is incorporated into this Agreement by reference.

Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from customer to customer. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.

Open Hearts, LLC does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Open Hearts, LLC will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products and services will receive a Funnel Strategy to assist with their respective online offerings, However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the services and products we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our services and products, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and services purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.

SECTION 12 - YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Open Hearts, LLC’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify Open Hearts, LLC if any investigation or lawsuit is threatened or filed against you, whereupon Open Hearts, LLC shall have the right to terminate the Agreement without liability. Open Hearts, LLC shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). Open Hearts, LLC shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify Open Hearts, LLCas set out in Section 21 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Open Hearts, LLC as a result.

SECTION 13 - COMMISSIONS PROGRAM AND INDEPENDENT OPEN HEARTS, LLC AFFILIATE PROGRAM

Open Hearts, LLC may offer you an opportunity to become an independent Open Hearts, LLC Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Open Hearts, LLC accounts and services that you sell to other customers. Open Hearts, LLC reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate's efforts. Affiliate commission is further discussed in the Open Hearts, LLC Affiliate Agreement

For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of Open Hearts, LLC. Affiliates have no authority to act on behalf of or bind Open Hearts, LLC. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between Open Hearts, LLC and each Affiliate.

Affiliates are responsible for following local, state, and federal laws, including but not limited to those laws outlined in Section 16 below and avoiding making misrepresentations or creating the wrong net impression of the products and services offered by Open Hearts, LLC.

SECTION 14 - TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Open Hearts, LLC is pleased to hear from customers and welcomes your comments regarding our services and products. Open Hearts, LLC may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Open Hearts, LLC services or products, in printed and online media, as Open Hearts, LLC determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond Open Hearts, LLC control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Open Hearts, LLC a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.

Additionally, Open Hearts, LLC reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Open Hearts, LLC shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

SECTION 15 - COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS

As a Open Hearts, LLC customer and/ or Affiliate, whether or not you display the Open Hearts, LLC badge, you must comply with all laws, but U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you, the customer and/or affiliate comply with such applicable laws at all times.

If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Open Hearts, LLC from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Open Hearts, LLC relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by Open Hearts, LLC. You understand and agree that Open Hearts, LLC has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. Open Hearts, LLC DOES NOT WARRANT THAT ANY Open Hearts, LLC PRODUCTS OR SERVICES WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.

COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services or products, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. Non-limiting examples may include emails or other digital messages that promote.

SECTION 16 - DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 17 - LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL OPEN HEARTS, LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE, OR PRODUCT, REGARDLESS OF WHETHER OPEN HEARTS, LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL OPEN HEARTS, LLC LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THE PAYMENTS PAID BY YOU TO OPEN HEARTS, LLC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST OPEN HEARTS, LLC OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.

SECTION 18 - DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOU AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, or service, these Terms, the Privacy Policy, Earnings Disclaimer, Refund Policy any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Clark County, Nevada, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Open Hearts, LLC.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Open Hearts, LLC agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Open Hearts, LLC expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with Open Hearts, LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 19 - OPEN HEARTS, LLC ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Open Hearts, LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Open Hearts, LLC or a third-party, Open Hearts, LLC shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Clark County, Nevada restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Open Hearts, LLC from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Clark County, Nevada for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 20 - INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Open Hearts, LLC, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 21 - NOTICE AND TAKEDOWN PROCEDURE; DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Open Hearts, LLC a notice requesting that Open Hearts, LLC remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Open Hearts, LLC a counter-notice. Notices and counter-notices should be sent to [email protected]. These Terms fully incorporate by reference the DMCA Policy

SECTION 22 - THIRD-PARTY LINKS

The Website may contain links to other websites. Open Hearts, LLC assumes no responsibility for the content or functionality of any non-Open Hearts, LLC website to which we provide a link. Please see our privacy policy for more details.

SECTION 23 - TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Open Hearts, LLC or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Open Hearts, LLC.

Upon termination, you remain responsible for any outstanding payments to Open Hearts, LLC.

SECTION 24 - NO WAIVER

No failure or delay on the part of Open Hearts, LLC in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Open Hearts, LLC.

SECTION 25 - GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Policy or any matter concerning Open Hearts, LLC , including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of Nevada without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Clark County, Nevada, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SECTION 26 - FORCE MAJEURE

Open Hearts, LLC will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

SECTION 27 - ASSIGNMENT

Open Hearts, LLC may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Open Hearts, LLC (or its assigns’) express written consent.

SECTION 28 - ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. When you communicate with Open Hearts, LLC through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 29 - CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time here, Terms and Conditions of Use. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the privacy policy by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 30 - YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Open Hearts, LLC has the right to rely upon all information provided to Open Hearts, LLC by you, and Open Hearts, LLC may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Open Hearts, LLC of the same within 24 hours. Open Hearts, LLC, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Open Hearts, LLC without incurring any obligation or liability to you.

SECTION 31 - SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 32 - ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Open Hearts, LLC and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Open Hearts, LLC. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 33 - CUSTOMER SUPPORT AND CONSULTING TERMS AND RATES

Our Customer Support and Consulting Terms may be viewed at (https://josephrickards.com/terms-conditions). Open Hearts, LLC reserves the right to modify its Customer Support and Consulting Terms in its reasonable discretion from time-to-time. Our Customer Support and Consulting Terms are incorporated into this Agreement by reference.

SECTION 34 - CONTRACTING US

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected]

If you have any questions or inquiries concerning any of the Terms, you may contact Open Hearts, LLC by email at [email protected]

For additional inquiries, please feel free to send an email to the relevant address listed below.

Compliance: [email protected]

Spam or abuse: [email protected]

Affiliates: [email protected]

SECTION 34 - DATA PRIVACY SHIELD - GDPR

What is GDPR? It is the EU Data Privacy Shield that becomes effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under the European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.

Is Open Hearts, LLC GDPR Compliant? In short, yes. Please see our privacy policy for more information.

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