Terms of Use

Effective Date:  January 1, 2013

Welcome to WithHeart.com (the “Website”), which is brought to you by With Heart, LLC (identified in this Agreement as “With Heart,” “we,” “us” or “our”).  To use the Website, however, you must agree to and abide by these terms and conditions (the “Agreement”).  If you do not agree to the terms and conditions in this Agreement, then please do not use the Website.

A.                Your Agreement

For purposes of this Agreement, “you” means the person using the Website, if that user is not an individual, then “you” means your company, its officers, members, agents, successors and assigns.

By using the Website, you are indicating that you have read, understand and agree to be bound by the policies, terms and conditions set forth in this Agreement in their entirety without limitation or qualification, as well as all applicable laws and regulations, as if you had handwritten your name on a contract.

B.                 Modifications to this Agreement

With Heart is always looking for ways to improve the Website and as a result we may revise this Agreement at any time.  By using the Website, you agree to be bound by the current form of this Agreement.  It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions.  With Heart does not and will not assume any obligation to notify you of changes to this Agreement.  The current Agreement will supersede any prior communications or agreement with respect to the Website, unless such agreement expressly states that it is not superseded by this Agreement.  With Heart reserves the right, but has no obligation, to make changes to the Website and to these terms and conditions at any time.  Any such modifications will become effective upon the date they are first posted to the Website.

C.                Intellectual Property Ownership and Licenses

You understand and agree that the Website and all content provided on the Website, such as text, graphics, logos, icons, tags, images, audio-visual works, videos, information, data, photographs, graphs, typefaces, music, sounds, features, software and other material (the “Materials”), is the property of With Heart, its affiliates or its licensors and is protected by copyrights, trademarks, trade secrets, patents and other proprietary rights in all forms whether existing now or hereinafter developed.  The Website is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C.§ 101, et. seq.) and international treaty provisions, and With Heart owns a copyright in the selection, coordination, arrangement and enhancement of the Materials, and in the look and feel of the Website.  All software used on the Website is the property of With Heart or its licensors and is protected by U.S. and international copyright laws.  WITH HEART is a trademark of With Heart.  All other marks, names, and logos located on the Website are the property of their respective owners.  Your use of any trademark located on the Website without express permission of that trademark owner is strictly prohibited.

With Heart grants you a limited, revocable, nonexclusive, non-transferable, personal license to access, display and copy the Materials on the Website for personal, non-commercial use only, subject to and conditioned on your continued compliance with the terms and conditions in this Agreement.  This license is granted solely to allow you to use and enjoy the Website as permitted by this Agreement.  You agree not to remove, alter or obscure any proprietary notices provided in or with the Materials.  All rights not expressly granted in this Agreement are reserved.

D.                Prohibited Conduct

You agree not to use the Website to:

    1. Harass, stalk bully or advocate harassing, stalking or bullying another person;
    2. Post content or information that is offensive, pornographic, hateful, threatening, defamatory or that creates a risk to anyone’s privacy or safety;
    3. Solicit personal information from anyone under 18 years of age;
    4. Upload or transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information or viruses, worms or other malicious code;
    5. Violate a law or infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets, privacy or publicity rights, such as impersonating another person or entity or posting images of someone without their permission;
    6. Forge, manipulate alter or affect or attempt to forge, manipulate, alter or affect the Website, the Materials any feature or program of the Website or the Materials;
    7. Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Website, the proper working of the Website, security features of the Website, the equipment connected to the Website or any service provided on or through the Website;
    8. Impose an unreasonable or disproportionately large load on the infrastructure of the Website or With Heart’s systems or networks, or any systems or networks connected to the Website;
    9. Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website);
    10. Create a database by downloading and storing the Materials or any part thereof; and
    11. Violate this Agreement or encourage or assist anyone to violate this Agreement.

You agree not to do any of the following without With Heart’s written permission:

  1. Use, copy, republish, upload, distribute, collect, modify, transmit, or post the Materials or any part thereof in any medium;
  2. Modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Materials on the Website, in whole or in part;
  3. Mirror, frame or use framing techniques to enclose the Website, the Materials or any part thereof;
  4. Access or attempt to access the Website or collect or index information provided to the Website using any automated means, such as robots, spiders, scrapers, scripts, harvesting ‘bots, or the similar means or equivalent manual processes.  We grant operators of public search engines permission to use spiders and other automated means to collect and copy content from the Website solely to the extent necessary to create publicly available searchable indices of such content, excluding caching or archiving such content.  With Heart reserves the right to revoke this permission at any time either generally or in specific cases;
  5. Solicit, trace or otherwise collect any information from users or visitors of the Website;
  6. Use any metatags or any other “hidden text” using the Website, WITH HEART or any other trademarks of With Heart;
  7. Reverse engineer, decompile or otherwise extract source code provided on or through the Website; and
  8. Use the Website for commercial activities such as contests or advertising.

E.                 Subscribing to the Website

Certain areas of the Website may require you to subscribe or register or may otherwise ask you to provide information to participate in certain features or to access certain content.  Your decision to provide such information is purely optional; however, if you elect not to provide certain information you may not be able to access or participate in certain features of the Website.  If you become a subscriber or register with the Website, you agree to accept all responsibility for all activities that occur under your account or password, if any.  You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your computer.  With Heart reserves the right to terminate subscriber accounts at any time in its sole discretion.

F.                 Third-party Products and Services

You may order services or merchandise through the Website from other persons not affiliated with With Heart (“Seller“). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. With Heart makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider With Heart, nor will With Heart be construed as a party to such transactions, whether or not With Heart may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

G.                Privacy

With Heart agrees to treat your private information in accordance with the terms of our then-current privacy policy, which is incorporated herein for all purposes.  You agree to With Heart’s use of your personal information in accordance with this privacy policy.

H.                With Heart’s Rights

With Heart reserves the following rights:

  1. To terminate the account of anyone who violates this Agreement;
  2. To change or alter the Website, the form and nature of the Website or any services provided through the Website, including requiring payment for some or all uses of the Website, at any time;
  3. To review, modify, filter, delete and remove any and all content and information from the Website;
  4. To update and download automatically any software provided on or through the Website;
  5. To cooperate with any law enforcement, court or government investigation or order requesting or directing With Heart to disclose information or content or information that you provide, or if With Heart decides that such disclosure is in its or its customers best interests;
  6. To display advertising and promotions, which may be targeted to certain users or sections of the Website that may not be identified as paid advertisements or promotions; and
  7. To provide you with notices, including those regarding this Agreement, by email, or by other means.

You agree that the foregoing are rights of, but not obligations of, With Heart and that With Heart may, but is not obligated to exercise any of these rights.

I.                   Advertising and Links to the Website

If you are interested in advertising on or linking to With Heart, then email us at info@withheart.com.

J.                  Submissions

With Heart does not accept and has no obligation to consider any unsolicited submissions or ideas, including ideas for advertising campaigns, promotions, new or improved products, services or technologies, enhancements, processes, materials, marketing plans or product or service names. Please do not submit such submissions or ideas.  We tell you this to avoid potential misunderstandings or disputes if one of our products or services seems similar to an idea that you submitted to With Heart.  If, despite our request that you not send us your submissions and ideas, you still submit them, then regardless of what other terms you provide the following terms shall apply to your submissions:

  1. Your submissions and their contents will automatically become the property of With Heart, without any compensation to you;
  2. With Heart may use, copy, create derivative works from or distribute your submissions, the ideas contained in the submission and the contents of a submission for any purpose and in any way in perpetuity;
  3. With Heart has no obligation to review or use the submission; and
  4. With Heart has no obligation to keep any submission confidential.

With Heart, however, encourages you to provide feedback regarding the Website and the services provided on the Website. We hope that you’ll want to send us such comments.  To do so, please email us at info@withheart.com. We ask that you only provide specific feedback on the Website’s existing products and service to help us satisfy your needs more effectively.  Any feedback you provide will be deemed to be non-confidential and With Heart may use such information for any purpose and in any way.

In the event that you post or submit any of content, including but not limited to photographs, images, questions and other works of authorship, to the Website, you automatically grant to With Heart, its successors and assigns a perpetual, irrevocable, nonexclusive, worldwide, sub-licensable, transferable, fully paid up license to use, copy, display, perform, modify, adapt, translate, create derivative works from and distribute such content on or through the Website and on or through any services associated with the Website or offered by With Heart.  You also represent and warrant that you have the right to copy and post such content.

K.                Forums, Promotions and Purchases

The Website may provide certain areas for users to communicate with other users, including through blogs, chat rooms, online communities and the like (the “Forums”).  With Heart does not endorse the content in the Forums and specifically disclaims any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any material, content or other communication provided through a Forum.  With Heart reserves the right, but is not obligated, to review messages in the Forums and is not responsible for the content of any such messages.  With Heart also reserves the right, but is not obligated, to delete, edit or remove a message, in whole or in part, posted to a Forum for any reason and to exclude any user from using a Forum.  Please be aware that when you post to a Forum, you may be disclosing certain information to others.  To protect your safety, please use your best judgment when using the Forums and carefully consider the information that you disclose in the Forums.  With Heart reserves the right to cooperate with any law enforcement, court, third party or government investigation or order requesting or directing With Heart to disclose information posted to a Forum, or if With Heart decides that such disclosure is in its’ or its customers’ best interests.

The Website may, from time to time, include contests, promotions, sweepstakes or other activities (“Promotions”) that require you to submit material or information concerning yourself.  Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age or geographic location.  You are responsible to read all Promotions’ rules to determine whether or not you are eligible to participate.  If you enter any Promotion, you agree to abide by and to comply with all Promotions rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Website, which terms and conditions are made a part of this Agreement by this reference.  Note that any products or services purchased through the Website are non-refundable.

L.                 Copyright and Trademark Infringement

With Heart respects the intellectual property rights of others and expects the Website users to do so as well.  If you believe that your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at info@withheart.com and provide the following information:

  1. A description of the copyrighted work that you believe has been infringed;
  2. A description of what the allegedly infringing work is;
  3. A description of the location where the allegedly infringing work is located on the Website;
  4. An address and telephone number where you can be contacted, including an email address if possible;
  5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
  7. A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

M.               Your Representations and Warranties

By using the Website, you represent and warrant that:

  1. You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who you are authorizing to use the Website;
  2. You understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
  3. You will use the Website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement;
  4. Are authorized to sign for and bind the person or entity using the Website;
  5. Any content that you provide to the Website is original to you and does not violate the rights of any third party, including, without limitation, any intellectual property rights and rights of publicity and/or privacy;
  6. You will provide only true, accurate, complete and current information to the Website; and
  7. You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from With Heart or in any material that you post or submit for any purpose.

N.                Submission of Materials to the Website

When you as a user submit Materials to the Website, you represent that you have a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Materials (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Materials.

By submitting Materials, which shall include your username, to any “public area” of the Website, you grant With Heart a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Materials (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Materials. You also warrant that the holder of any worldwide intellectual property right, including moral rights in such Materials, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

Anything contained herein to the contrary notwithstanding, by submitting Materials to any forums, comments or any other area on the Website, you hereby expressly permit With Heart to identify you by your username (which may be a pseudonym) as the contributor of such Materials in any publication in any form, media or technology now known or later developed in connection with the Materials, unless you otherwise notify With Heart in writing at the time you submit the Materials that you do not wish to be identified.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Website, including but not limited to all Materials, services, digital products, courses, events, tools or products is hereby expressly prohibited.

O.                Disclaimers

YOU EXPRESSLY AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK.  NEITHER WITH HEART, NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, OR LICENSORS OR THE LIKE (COLLECTIVELY, THE “PROVIDERS”) WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THE RESULTS THAT MY BE OBTAINED FROM THE USE OF THE WEBSITE, OR THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY OR CURRENCY OF THE MATERIALS.  THE WEBSITE AND THE MATERIALS MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION.  FURTHER, WITH HEART DOES NOT WARRANT THE RELIABILITY OF, GUARANTEE OR ENDORSE ANY ADVICE, OPINION, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE.  WITH HEART IS NOT RESPONSIBLE IN ANY WAY FOR ANY TRANSACTION BETWEEN YOU AND ANOTHER USER OF THE WEBSITE, INCLUDING ADVERTISERS.  WITH HEART RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE OR THE MATERIALS, BUT HAS NO OBLIGATION TO MAKE ANY CORRECTIONS.  WITH HEART MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.

THE WEBSITE AND THE INFORMATION, PRODUCTS, SERVICES, CONTENT AND MATERIALS ON THE WEBSITE ARE PROVIDED BY WITH HEART ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WITH HEART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, PRODUCTS, INFORMATION, ADVERTISEMENTS OR THE MATERIALS PROVIDED ON OR THROUGH THE WEBSITE.  WITH HEART EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, ADVERTISEMENTS AND INFORMATION PROVIDED ON OR THROUGH THE WEBSITE AND ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON OR THROUGH THE WEBSITE OR YOUR USE OF THE WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER WITH HEART NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING ON THE WEBSITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.  WITH HEART ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. YOU SHOULD NEVER DISREGARD PROFESSIONAL ADVICE, SERVICES, OR INFORMATION CONTAINED IN ANY PRODUCT PACKAGING OR LABEL BECAUSE OF ANY INFORMATION ON THE WEBSITE AND YOU SHOULD NOT USE THE CONTENT ON THE WEBSITE IN PLACE OF THE ADVICE OF A PROFESSIONAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WITH HEART OR THROUGH THE WEBSITE, ITS EMPLOYEES, PROVIDERS, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITH HEART SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON THE WEBISTE, ITS DIGITAL PRODUCTS OR SERVICES.

P.                 Limitation of Liabilities

YOU AGREE THAT WITH HEART AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR EXPENSE OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO (1) YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, PRODUCTS, ADVERTISEMENTS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (2) ANY OTHER PRODUCTS, SERVICES OR INFORMATION OFFERED, SOLD OR DISPLAYED ON OR THROUGH THE WEBSITE, (3) YOUR USE OF, INABILITY TO USE OR RELIANCE ON THE WEBSITE AND/OR THE MATERIALS, (4) ERRORS, MISTAKES OR INACCURACIES IN THE MATERIALS OR ON THE WEBSITE, (5) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, (6) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION CONCERNING YOU STORED THEREIN, (7) ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR TRANSMISSIONS TO OR FROM THE WEBSITE, (8) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, REGARDLESS OF WHETHER WITH HEART OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.  BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE INFORMATION MAY NOT APPLY TO YOU.

Q.                Indemnification

You agree to indemnify, defend and hold harmless With Heart, its Providers, and each of their parents, subsidiaries, affiliates, officers, directors, employees, sponsors, successors and assigns from and against any and all claims, damages, obligations and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the Website, violation of this Agreement, violation of any law or regulation, or violation of any third-party right, including intellectual property, proprietary and privacy rights.

R.                Governing Law

This Agreement is made in English and is governed by the laws of the state of Utah, without giving effect to its conflict of law provisions.  This is the case regardless of whether you reside or transact business with With Heart in Utah or elsewhere.  You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Salt Lake County, Utah.  You agree that the Website is a passive site that does not give rise to specific or general personal jurisdiction over With Heart in any jurisdiction other than Utah.

If a translation of this Agreement is made available to you it is for convenience only and any contradiction between the English version and the translation will be governed by the English language version.

S.                  Disputes

Any dispute relating in any way to your use of the Website shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate With Heart’s or its licensor’s intellectual property rights, With Heart may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association using a single arbitrator.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.  If the prior sentence prohibiting joinder and class arbitration is held unenforceable, then the entire first paragraph of this Section S will also be unenforceable.

You are responsible for your use of the Website, including all interactions with other users of the Website.  With Heart is not an arbiter of user disputes.  With Heart reserves the right, but has no obligation, to become involved in any such dispute.

T.                 Limitations on Claims

Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.

U.                Termination

Without limiting its other remedies, With Heart may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate this Agreement and your access to the Website and your account if you fail to comply with any term or condition of this Agreement.  With Heart may take such actions without providing you prior notice and at its sole discretion.  Upon such violation, you agree to terminate access to the Website.  Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.

V.                Hyperlink Disclaimers

As a convenience to you, With Heart may provide links to third-party websites, advertisements, applications or content (collectively, “Linked Sites”).  If you go to Linked Sites, you will leave the Website and will be governed by that site’s terms of use.  If you decide to visit or use any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  We encourage you to read the terms of use and privacy policy for all Linked Sites that you elect to visit.

Linked Sites are not maintained, controlled or otherwise governed by With Heart.  With Heart does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site.  A link to a Linked Site does not imply that With Heart sponsors, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright of With Heart or any of its affiliates.  With Heart is neither responsible for nor will it be liable under any theory based upon any information, product and/or content found on any Linked Site or any site(s) linked to or from any Linked Site.  With Heart reserves the right to discontinue any Linked Site at any time without prior notice.

W.              Geographic Scope of Use

With Heart makes no representation that the Website or the Materials are appropriate or available for use at locations outside of the United States.  Access to the Website and the Materials from territories where they are illegal is prohibited.  You may not use the Website or export the Materials in violation of U.S. export laws and regulations.  If you access the Website from locations outside of the U.S., you are responsible for compliance with all local laws.

X.                Entire Agreement and Assignment

This Agreement, together with all documents and policies referenced herein, constitutes the entire agreement between With Heart and you with respect the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and With Heart with respect to the Website, except for any separate written agreement between you and With Heart that by its terms is not superseded by this Agreement.  If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

You may not assign this Agreement or any part of this Agreement without the express written consent of With Heart.  You agree that With Heart may assign this Agreement or any part of this Agreement at any time and for any reason without your consent.

Y.                Severability

In the event that any provision in or obligation under this Agreement is held invalid, illegal or unenforceable, the validity, legality or enforceability of other provisions in or obligations under this Agreement will not in any way be affected or impaired thereby.

Z.                 Our Policy Concerning Children

The Website is not intended for use by children.  If you are under 13 years of age, you may use the Website only with the involvement and permission of a parent or guardian.

AA.          Notice for California Users

This notice is for California users of the Website:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (914) 445-1254 or (800) 952-5210.

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