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Terms & Conditions

This website (“Web Site”) is offered to you  by Empathetic Hearts, Alberta, Canada(” Empathetic Hearts”, “we”, or “us”).

The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the “Content”) and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT access or use this Web Site.

We grant you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use this Web Site. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS SITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

You agree that you will not: (i) use this Web Site to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Web Site; (iii) use the Web Site for any illegal purpose or in any way that violates the terms of these Terms of Use, any applicable laws or regulations; (iv) impersonate any person or entity or misrepresent your affiliation with any other person or entity; or (v) engage in any activities that would violate the privacy rights of others.

2. Modification of Terms

These Terms of Use may be amended by Empathetic Hearts at any time. Such amended Terms of Use shall be effective upon posting. If you do not agree to, or cannot comply with, the Terms of Use as amended, you should not use this Web Site. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions.

Empathetic Hearts reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. Empathetic Hearts reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. Privacy Policy

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with Empathetic Hearts Privacy Notice and these Terms of Use are subject to the Privacy Notice as posted on this Web Site.

4. Disclaimers

If you live in a jurisdiction that does not allow any of the following disclaimers of warranties or the exclusions or limitations of liability in Section 7 below (such as in some circumstances if you are a consumer residing in Quebec), such disclaimers, exclusions or limitations will not apply to you but only to the extent such disclaimers, exclusions or limitations are not allowed. In such case, such disclaimers, exclusions or limitations shall be limited to the greatest extent permitted by applicable law.

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. EMPATHETIC HEARTS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO EXTENT PERMITTED BY LAW ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EITHER LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither Empathetic Hearts nor its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

This is a public web site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Web Site. Do not submit confidential information here.

Empathetic Hearts and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by Empathetic Hearts are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

5. Contributor

By submitting any User Content to the Web Site, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity. If you submit User Content in the form of a product review, you also agree to comply with the writing and/or community guidelines specified.

You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Web Site. You shall also not forge headers or manipulate identifies or other data in order to disguise the origin of any Content and/or User Content transmitted through our Web Site or to manipulate your presence on the Web Site. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

You affirm, represent and warrant that the User Content submitted to the Web Site does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.

You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the Web Site that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.

You hereby grant to Empathetic Hearts, its subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, and hereby waive any “moral rights” that you may have in such User Content for the benefit of Empathetic Hearts, its affiliates and their successors , assigns and licensees, on this Web Site or any other Empathetic Hearts web site or in other Empathetic Hearts marketing or public relations materials in any and all media, with or without your name and without further compensation. All licenses granted by you in these Terms of Use will survive your right to use the Web Site or the termination of your registration.

You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Empathetic Hearts may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Empathetic Hearts, its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Web Site.

Empathetic Hearts does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Empathetic Hearts expressly disclaims any and all liability in connection with User Content.

Empathetic Hearts has the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to alert Empathetic Hearts by contacting empathetichearts@outlook.com. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular User Content immediately.

6. Limitation of Liability

IN NO EVENT SHALL EMPATHETIC HEARTS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF EMPATHETIC HEARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Third Party Content/Software

Empathetic Hearts is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

8. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by Empathetic Hearts, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to Empathetic Hearts and / or its brand licensees, other partners or licensors. All rights in the Content not expressly granted herein are reserved.

EMPATHETIC HEARTS and all other registered trademarks of Empathetic Hearts and its affiliates are important assets of the company. Proper use of these trademarks is important and you should follow the instructions of Empathetic Hearts when referencing our company’ services.

The use and registration of the EMPATHETIC HEARTS name is exclusively reserved to our company. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the Empathetic Hearts name or any name similar thereto or any name which consists of a part of the Empathetic Hearts name forms part nor shall it include any other registered trademark owned by Empathetic Hearts.

9. Proprietary Rights in the Web Site

This Web Site is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a “publication” of such invention under applicable patent laws.

You acknowledge that any User Content submitted and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of Empathetic Hearts, its subsidiaries, affiliates, brand licensees, other partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Web Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

10. Copyright Infringement Claims

If you know or suspect that any of the materials on this Web Site (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send notice to empathetichearts@outlook.com.

The preceding information is provided exclusively for notifying Empathetic Hearts that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.

11. Indemnification and Release

You agree to indemnify and hold harmless Empathetic Hearts, its subsidiaries, affiliates, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Web Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, Empathetic Hearts reserves the right to reveal your identity and any other information Empathetic Hearts may have about you.
If you have a dispute with one or more users, you release Empathetic Hearts, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12. Shut-Down of Site

We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site.

13. Empathetic Hearts Products

Empathetic Hearts tries to ensure that the information posted on this Web Site is correct and up-to-date. However, the detail and accuracy of the images and specification that you see will depend on a number of things, including your computer equipment and Internet connection. Empathetic Hearts does not guarantee that the images, available features, services or specifications displayed or described on the Web Site are or will remain accurate or complete. Further, Empathetic Hearts reserves the right to change or make corrections to any of the information at any time and without prior warning, including to update the products, images, available features, services or specifications. The information made available on the Web Site is provided for convenience only and Empathetic Hearts cannot, and does not, guarantee, and provides no warranties or conditions as to, the correctness, precision, thoroughness or completeness of any of the information available on this Web Site, nor will Empathetic Hearts be liable for any inaccuracy or omission concerning any of the information provided on this Web Site.
The Web Site may contain references to specific Empathetic hearts products and services that may not be (readily) available in a particular jurisdiction. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular jurisdiction. Please contact empathetichearts@outlook.com for further information.

14. Dispute Resolution

If the laws of your jurisdiction of residence require that the laws of such jurisdiction or the courts of such jurisdiction apply (such as may be the case if you are a consumer residing in Quebec), such laws will apply and/or such claims will be resolved in such courts.  To the extent permitted by law, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein. To the extent permitted by law, you agree to the non-exclusive jurisdiction of the courts in Alberta, Canada for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Web Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Alberta, Canada.
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. 

15. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

16. No Waiver

No failure on the part of empathetic Hearts to enforce any part of these Terms of Use shall constitute a waiver of any of Empathetic Hearts rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Empathetic Hearts nor the reliance of any person on Empathetic Hearts actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Empathetic Hearts shall have any legal effect whatsoever.

17. Headings

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

Thank you for joining our Web Site.

18. Liability

Empathetic Hearts Should not and will not be used as a substitute for medical/psychological advice, diagnoses, or treatments. Empathetic Hearts is for entertainment, compassionate support purpose's only. We will never diagnose or treat an individual. If you are ill or are having suicidal thought's, we strongly encourage you to reach out to your nearest medical facility and or your closest mental health facility as soon as possible. Empathetic Hearts will not be held liable for ones actions (if applicable) choices before or after participating in our services.

 

Last Update: May 25th, 2023

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