Terms of Service
Please read these terms of service carefully before using this site.
By using and accessing the Heart Rhythms Living, LLC (“HRL”) websites, including http://claudiaolivie.com, http://heartrhythmsliving.com, http://magnificentmornings.com, http://magnificent-mornings.com (collectively referred to as the “Site”), you (“you”) agree to these Terms of Service (collectively, the “Terms of Service” or “Agreement”).
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE. You must read, agree with and accept all of the terms and conditions, which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use the Site.
The Site Does Not Provide Medical Advice. The content of the Site, including any text, graphics, images, and any other material contained on the Site (“Content”) are for informational purposes only.
The Site and its Content are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your health care practitioner. Always consult your health care practitioner before undertaking any exercise, dietary or herbal treatment program. Never disregard the advice of a medical professional or delay seeking professional advice because of something you have read or seen on the Site.
It is your responsibility to research the accuracy, completeness and usefulness of the Content of this Site, as well as any opinions, services or other information offered in any other communication between you and HRL, including, but not limited to, emails, newsletters, phone calls, and in person conversations.
Use of the Site does not establish a coach-client relationship with HRL.
Use of Content.
HRL authorizes you to view or download a single copy of the material on the Site, solely for your personal, noncommercial use. You must include the following copyright notice: “Copyright © 2018, Heart Rhythms Living, LLC. All rights reserved.” as well as any other copyright and proprietary rights notices that are contained in the Content. Additional rules for the use of Content and any items accessible on the Site may be included elsewhere within the Site and these are incorporated into these Terms of Service by reference.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivative work from, sell or re-sell any content or information obtained from or through the Site.
The Site may contain links to other websites maintained by third parties. These links are provided solely as a convenience and do not imply endorsement of, or association with, the party by HRL. HRL does not control and is not responsible for such third party sites or third party content. These Terms of Service apply to and govern the Site only. HRL does not endorse, monitor, take responsibility for, investigate, monitor or check for accuracy, appropriateness or completeness of any third party content. You hereby release HRL from any and all liability, direct or indirect, and for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any third party content.
Liability of Heart Rhythms Living, LLC.
Your use of the Site and the Content is at your own risk. HRL maintains no responsibility for any actions you take as a result of visiting or reading content on this site.
The Content or information discussed by HRL or Claudia Olivie on the Site or otherwise do not take the place of medical attention, diagnosis and treatment. Any medical decisions you make as a result of Content on the Site, products, services or any engagement with HRL, are your sole responsibility. HRL cannot guarantee and does not promise specific results from the use of the Content or this Site.
The Site and Content are provided “as is”.
In no event shall HRL and any third parties mentioned on the Site be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of or inability to use the Site, the Content and other information obtained therein (including, but not limited to, incidental and/or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not HRL, or any third parties mentioned on the Site are advised of the possibility of such damages. HRL, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed the amount you have paid HRL for Services or Content made available to you on this Site.
HRL and any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Service are exclusive and are limited to those expressly provided for in these Terms of Service.
Governing Law and Jurisdiction.
These Terms of Service are governed by the internal substantive laws of the state of Wyoming, without respect to its conflict of laws principles. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall be severed and remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such terms or condition or any other term or condition.
In the event that there ever arises a dispute between HRL and you that in any way relates to your use of the Site, you agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single neutral, arbitrator, acceptable to HRL. The place of arbitration shall be Cheyenne, WY USA. The sole remedy that can be awarded to you in the event that an award is granted in arbitration is a refund of no more than the amount you have paid HRL for Services or Content made available to you on this Site.
Modifications to this Agreement.
HRL reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and without notice. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Termination of Use.
HRL shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason.
If you violate any of these Terms of Service, your permission to use the Content will be terminated immediately, and you must immediately destroy any copies you have made of any portion of the Content.
These Terms of Service constitute the entire agreement between you and HRL with respect to the use of the Site and Content.