IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL EMERGENCY SERVICE NUMBER IMMEDIATELY
Last updated December, 2024.
Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Heart Emotions Safety (“Heart Emotions Safety,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with these Terms of Use is a condition to your use of the following:
· heartemotionssafety.com (our “Website”); and
· The services (“Services”) made available through our Website.
The non-medical, non-clinical business support services, including our Website, are collectively referred to as our “Platform.”
By clicking “Accept” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use, our Privacy Policy, If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services; PROMPTLY EXIT THIS WEBSITE.
Binding Arbitration. These Terms of Use provide that all disputes between you and Heart Emotions Safety that in anyway relate to these Terms of Use, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement (below) for the details regarding your agreement to arbitrate any disputes with Heart Emotions Safety.
1. Services Provided – No Medical Care or Advice
We provide emotional support, non-clinical counseling, and companionship. Our life coaching services focus on your personal development and growth, ensuring you to feel valued and understood in every aspect of life. “Heart Emotions Safety” brand name. There is no single provider of medical care called “Heart Emotions Safety.” Each Heart Emotions Safety-branded practice engages a network of nonclinical tele health services. The Providers deliver non clinical services via the Platform to their patients. Heart Emotions Safety does not provide medical advice or care, does not own or operate medical practices, employ or in any way supervise the clinicians providing medical care.
2. Not for Emergencies
Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call Emergency service number immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary health care provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.
3. Risk of Tele health Services
By using the Services, you acknowledge the potential risks associated with tele health services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
4. Privacy Practices
You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy which is hereby incorporated and made part of these Terms of Use.
5. Prescription Policy
Certain medications offered by the Providers through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact your Provider, a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.
6. Not an Insurance Product
We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
7. Ownership of the Platform
The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Heart Emotions Safety.
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: (a) modify copies of any materials from the Platform or received through the Services; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Heart Emotions Safety without our express written consent.
You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business so otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of Heart Emotions Safety.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Heart Emotions Safety. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other.
7. Access to Platform, Security, and Restrictions, Passwords
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
Violations of system or network security may result in civil or criminal liability. Heart Emotions Safety will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.
You agree to defend, identify, and hold Heart Emotions Safety harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade address, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
Heart Emotions Safety may de-identify your information such that it is no longer considered protected personally identifiable information. Heart Emotions Safety may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
8. No Users Under 18 Years Old
If you are under 18 years of age, you must get permission from your parents or legal guardian before using our Platform. If you are under the age of 18, do not use or provide any information on or to the Platform or through any of its features without parental consent. If we learn we have collected or received Personal Information from a child under the age of 18 without verification of parental consent, we will delete it. If you are the parent or guardian of a child under 18 years of age whom you believe might have provided use with their Personal Information, you may Contact Us to request the Personal Information be deleted.
9. Accuracy and Integrity of Information, Colors
Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Heart Emotions Safety shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.
10. Cancellation & No-Show Policy
Heart Emotions Safety makes every effort to provide available appointments for you. You agree if you cancel or have to reschedule an appointment to give notice or do not show up for your scheduled appointment.
11. Links to Other Sites
We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-Heart Emotions Safety website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Heart Emotions Safety website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.
12. Consent to Receive emails Calls, Text Messages, and Audio and/or Video calls.
By providing your mobile number or your email, you are agreeing to be contacted by or on behalf of Heart Emotions Safety at the mobile number or email you have provided, including calls emails and text messages, for services related and communications relating to the Platform.
Heart Emotions Safety may record (audio and video) all or part of your interaction with us (“Recordings”).Such Recordings are used for quality assurance and training purposes, to better deliver to you the Services, and to help us improve the Platform. We will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.
13. Electronic Communications
When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Heart Emotions Safety and your Provider may contact you by telephone, mail, or e-mail to verify your information. Heart Emotions Safety and your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.
14. External Services
The Platform may enable access to Heart Emotions Safety’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services“). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Heart Emotions Safety or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of Heart Emotions Safety or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
15. No Third Party Rights
Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, on any person other than you, Heart Emotions Safety, its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Heart Emotions Safety and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Heart Emotions Safety, and its affiliates. The Platform is only provided for your benefit and may not be relied on by any third party.
16. Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Platform and Services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and Heart Emotions Safety agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform and Services ordered or purchased through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Heart Emotions Safety are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Heart Emotions Safety.
If you desire to assert a claim against Heart Emotions Safety, and you therefore elect to seek arbitration, you must first send to Heart Emotions Safety, by certified mail, a written notice of your claim (“Notice“). The Notice to Heart Emotions Safety should be addressed to: Heart Emotions Safety Management. If Heart Emotions Safety desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Heart Emotions Safety, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“).If Heart Emotions Safety and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Heart Emotions Safety may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Heart Emotions Safety or you shall not be disclosed to the arbitrator. If you are required to pay a filing fee, after Heart Emotions Safety receives notice at the Notice Address that you have commenced arbitration. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Heart Emotions Safety and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Heart Emotions Safety’s last written settlement offer made before an arbitrator was selected (or if Heart Emotions Safety did not make a settlement offer before an arbitrator was selected), each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND HEART EMOTIONS SAFETY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Heart Emotions Safety agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect both Heart Emotions Safety and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.
17. Indemnification
You agree to defend, indemnify, and hold Heart Emotions Safety and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform, Services, or any information posted on the Platform;(ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Heart Emotions Safety, your Provider, or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
18. Disclaimer of Warranties
HEART EMOTIONS SAFETY DOES NOT WARRANT THAT ACCESS TO OR USE OF THEPLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,EITHER EXPRESSED OR IMPLIED, INCLUDING, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. HEART EMOTIONS SAFETY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. HEART EMOTIONS SAFETY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY HEART EMOTIONS SAFETY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES.
19. Force Majeure
We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these Terms of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events(“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d)government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g)other events beyond the reasonable control of Heart Emotions Safety. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Heart Emotions Safety shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
20. Revisions, General
Heart Emotions Safety reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Heart Emotions Safety and you pertaining to the subject matter hereof. In its sole discretion, Heart Emotions Safety may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.