Terms and Conditions
BY VISITING TALKTOHEIDI.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By accessing the Site and/or by clicking options to accept or to agree to the Terms and Conditions when available to you, you accept and agree to be bound and abide by our Terms and Conditions Disclaimer. If you do not want to agree to the Privacy Policy or the Terms & Conditions, you must not access or use the Site.
OVERVIEW
The terms “we,” “us,” and “our” refer to Heidi Medina and Talk to Heidi. The term the “Site” refers to htpps://www.talktoheidi.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The blog, associated social media content, courses, digital & information products, events, retreats, and services mentioned are referred to as the “Service”.
Use of https://www.talktoheidi.com, including all materials presented herein and all online and offline services provided by Heidi Media, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE TALK TO HEIDI SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site, unless monitored and guided by a legal guardian.
Information provided on the Site and in the Service related to Business & Marketing Strategy and other information are subject to change. Talk to Heidi makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Talk to Heidi disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
PAYMENT & PAYMENT PLANS
All payments are paid in full before delivery of services or with agreed upon payment plan.
When opting to pay by installments you are still committed to completing the agreed upon length of contract and number of payments. Should you default on your payment plan we will immediately stop the program and you will be required to pay the outstanding balance in full immediately.
CANCELLATIONS, REFUNDS & RETURNS
No refunds are offered or accepted for 1:1, group, and personal services delivered by Heidi or Talk to Heidi, deposits, and for events.
Digital products, information products, courses, programs, and masterminds that have not been logged in to and where content has not been used by the user have a refund policy of 10 days. No returns will be accepted 10 days after purchase.
PAYPAL, CREDIT CARDS OR OVERDRAFT FEES
Heidi Medina or Talk to Heidi is not liable for any late payment fees or reclaimed failed payments by PayPal, credit cards, or overdraft fees. It is your responsibility to ensure your bank card details are correct and up to date, as is checking your balances and limits.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. If there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
NO GUARANTEES
You agree that Heidi Medina and Talk to Heidi has not made any guarantees about the results of taking any action, whether recommended on this Site or not. Heidi Medina and Talk to Heidi provides educational and informational resources that are intended to help users of this website succeed in their online business and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Heidi Medina.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of Heidi Medina, Talk to Heidi, or otherwise – applying the principles set out in this Site are no guarantee that you or any other person or entity will be able to obtain similar results.
EARNINGS DISCLAIMER
From time to time, Heidi Medina may report on the success of one or more of its existing or prior clients/customers. The information about this success is accurately portrayed by the Customer. You acknowledge that the prior success of others does not guarantee your success.
As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all, and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire, and motivation.
The use of our information, products and services should be based on your own due diligence and you agree that Heidi Medina and Talk to Heidi is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on the Site.
TESTIMONIALS
At various places on this Site, you may find testimonials from clients and customers of the products and services offered on this Site or by Heidi Medina. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Site.
Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Site or by Heidi Medina.
MARKETING, ADVERTISING & AFFILIATE PROGRAMS
We monetize our website with several affiliate programs and media partnerships. We may be compensated by companies through advertising, paid work, sponsorships, affiliate programs and other. While we strive to ensure that all our partnerships are with ethical companies that meet FTC and GDPR guidelines, things may change without notice. Please research any of our 3rd party companies so you can be informed.
We will always disclose on the individual pages, where these affiliate links are in place or sponsored opportunities have paid for a post. Please note that by interacting with these links FTB may receive money at no additional cost to you. At no time are you obligated to make purchases through these links in order to use our site. We hope that you will find the products and services we recommend to you helpful and will only buy if it is something that interests you.
We participate in the Amazon affiliate program and Lyrical Host affiliate program among other programs.
These and all our affiliates meet GDPR guidelines, but it is your responsibility to read their privacy policy to know how your data is being used as soon as you leave our site.
PRIVACY
Our information collection and use of any personal information about you are set out in our Privacy Policy.
Personal information that you disclose may be used by Talk to Heidi, its agents, and contractors in relation to your membership and the Site, including marketing activities for the Site.
We may disclose any personal information as necessary to satisfy any law, regulation, or government request.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.
ACCOUNT CREATION
You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password.
You are responsible for every use of the Site that occurs in conjunction with the use of your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorized use of your membership, username, or password.
RIGHTS TO CONTENT; INTELLECTURAL PROPERTY
Each item of Content is copyright of its author. We own any Talk to Heidi-contributed Content, and all other rights in the Site including its design, compilation and look and feel. You retain ownership of any Content you share on the Site.
Purchase gives you a right (a revocable, non-exclusive license) to use the Content for your sole learning purposes. You must not redistribute Content (such as tutorials, eBooks, videos, courses, and source files). Any project files, spreadsheets, or other assets associated with Content are included to demonstrate the course or tutorial. You may use, modify, and manipulate files for your own personal educational purposes, but you must not otherwise exploit the files, lessons, and the assets in them, or redistribute the files or assets. If you love the Content, please ask your friends to sign up!
You may freely adapt the procedures and techniques demonstrated in the Content (that is, the knowledge you gain) for your business or personal purposes.
You shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses. Not following the above shall be a breach of these terms and conditions.
The trademarks and logos displayed on the Site are, unless otherwise stated, those of Talk to Heidi and others, and you must not use these without the approval of the relevant owner.
MATERIAL YOU SUBMIT TO THE SITE
We claim no intellectual property rights over the material you supply to Heidi Medina or Talk to Heidi. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Talk to Heidi remains yours to the extent that you have any legal claims therein.
By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you.
You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission.
For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
FAIR USE AND PROHIBITED CONDUCT
You are permitted to download Content to your computer as part of your purchase. But Content is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the Site and the Content must be fair, genuine, and reasonable. For example, the total amount of Content you download must be reasonable in light of your genuine education and learning needs, and the time needed to genuinely engage with the Content. We will use our reasonable discretion to decide whether a member has complied with the ‘fair use’ policy.
You must not use scripts to automatically mass download Content.
You also must not:
a. use a false email address, impersonate others, or misrepresent your affiliation with others;
b. insert advertising, branding, or other promotional content into the Site or Content;
c. attempt to gain unauthorized access to computer systems or materials through the Site;
d. engage in an automatic gathering of information from or through the Site (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);
e. attempt to interrupt or alter the Site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot, or other computer routines);
f. use the Site or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
g. except as allowed in these Terms & Conditions, copy, distribute, transmit, modify, or otherwise exploit the Content or any other data or code made available through the Site.
INTELLECTUAL PROPERTY COMPLAINTS
We respect the intellectual property rights of others and require that you do the same.
Please contact us if you believe that your intellectual property or other rights are being affected by anything on the Site.
If you are specifically making a copyright-based claim regarding Content, please forward the following information to us:
a. your address, telephone number, and email address;
b. a description of the location of the alleged infringing material;
c. a description of the copyrighted work that has been allegedly infringed; and
d. a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Heidi Medina or Talk to Heidi. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
CHANGES TO TERMS
We may change or amend these Terms and Conditions from time to time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
GOVERNING LAW, VENUE, AND MEDIATION
We control and operate the Site from our offices in Portugal and Colorado, USA. The laws of both Portugal and Colorado, USA govern these Terms and Conditions, and you and Talk to Heidi submit to the jurisdictions of the courts there.
This Agreement shall be construed in accordance with, and governed by, the laws of Portugal as applied to contracts that are executed and performed entirely in Portugal. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Lisbon, Portugal.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree.
The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you, Heidi Medina, and Talk to Heidi pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Heidi Medina or Talk to Heidi shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Heidi Medina or Talk to Heidi.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: heidi@talktoheidi.com
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
LIABILITY AND DISCLAIMER
Except as provided in an applicable Non-excludable Law, we are bound only by the express promises made in these Terms and Conditions and are not bound by implied terms.
Except as provided in an applicable Non-excludable Law:
a. we do not promise that the Content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or Content are free of viruses or any other harmful components; and
b. we make no promises regarding your access to, or the results of your access to, the Site or Content in terms of correctness, accuracy, timeliness, completeness, reliability, or otherwise.
Except as provided in an applicable Non-excludable Law, we and our affiliates are not liable for indirect, incidental, special, or consequential damages, loss or revenue, or loss of profits which result from any use of or access to, or any inability to use or access, the Site.
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, Heidi Medina and Talk to Heidi:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems, and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Heidi Medina and Talk to Heidi does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, HEIDI MEDINA OR TALK TO HEIDI IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF [INSERT YOUR COMPANY NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HEIDI MEDINA'S OR TALK TO HEIDI'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM HEIDI MEDINA OR TALK TO HEIDI, AND IF NO PURCHASE HAS BEEN MADE BY YOU, HEIDI MEDINA'S OR TALK TO HEIDI'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.