THE HEARTFUL PARENT TERMS AND CONDITIONS

Last Updated: October 15, 2021

 

Welcome to The Heartful Parent Academy, an online program for parents who want to build more love, joy, and connection in their families.  This program is available through the Academy membership site (“Site”) and contains proprietary content developed and curated by us (collectively “Heartful Parent Collective Content”). The Site is owned and operated by Christy Keating Consulting, LLC dba The Heartful Parent Collective and The Heartful Parent Academy (“The Collective,” “The Academy,” “THPC,” “THPA,” “we” “us” or “our”).

Please read these Terms of Use (“Terms”) carefully because they govern your use of this Site and access to The Heartful Parent Academy content and related services. If you have any questions, please contact us at christy[at]theheartfulparent.com.

Agreement to Terms

By accessing, or using our Services, you agree to be bound by these Terms. We may update these Terms and our Services at any time, in our sole discretion. If we do so, we will post a notice on the site. It’s important that you review the Terms whenever we modify them because continuing to use the Services indicates to us that you agree to be bound by the modified Terms.

Membership Terms

The Heartful Parent Academy allows you to access certain premium features or content in exchange for a recurring fee, as applicable (the “Member Services”). Your transactions and any other use of the Member Services are subject to these Terms of Service (“Membership Terms of Service”). By using a Member Service, you agree to (1) these Membership Terms of Service; and (2) The Heartful Parent Academy’s Terms of Service, and all other terms and conditions that generally apply to The Heartful Parent Collective website (all of these together are the “Terms”). Please read the Terms carefully. If you don’t understand them, or don’t accept any part of them, then you’re not allowed to use the Member Services.  By enrolling in this membership, you are affirming that you have read, understood, and agreed to these Terms.

Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against The Academy when there are reasonable delays in the access of the Service.

The Heartful Parent Collective reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Fees. Subscription fees for the Member Services are recurring payments (except where identified as otherwise). The term may be monthly, quarterly, or annual as described in the course of the transaction. Your subscription begins upon payment of a first installment of subscription fees. The subscription renews monthly, quarterly, or annually as applicable upon the payment of automatically recurring subscription fees. Monthly, quarterly, or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)

Payment. The Heartful Parent Academy accepts payment via the current payment method indicated at time of purchase, which may include credit card, and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with The Heartful Parent Academy, Stripe, PayPal or another third party, that governs your use of a given payment processing method. Prices for Member Services may change at any time, and THPA does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Member Services that you order (except during a free trial period). THPA will charge your credit card or other form of payment for the price listed on the relevant Member Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that THPA will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you within 10 days, THPA reserves the right to immediately revoke your access to any Member Services you have ordered until you update your payment method. If you fail to update your payment method within 10 days, THPA may cancel your subscription.

Cancellations and Refunds. You can cancel your Member Services at any time. All cancellations must be requested at least 48 hours prior to the payment date.   If you purchase a subscription to Member Services that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by THPA. You will retain access to the Member Services from the time you cancel until the start of the next billing period and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and nonrefundable, unless otherwise determined by the THPA. If THPA reasonably determines that a user has violated these Membership Terms of Services, THPA may immediately terminate the subscription and the user’s access to Member Services without notice and without refund. To cancel your Heartful Parent Academy membership, please send an email to christy[at]theheartfulparent.com.

Lifetime Membership. No refunds are available for purchases of Lifetime Memberships. Your lifetime membership may not be transferred to any third party. If you have purchased a lifetime membership to the Website, you will be granted access to the course content, however we reserve the right, at our sole discretion, to cancel your access to the Community (Facebook and Member Calls) if you do not abide by our membership guidelines. Lifetime Membership is for the lifetime of the Service. If for any reason, Christy Keating Consulting, LLC and/or The Heartful Parent Academy should dissolve or cease to exist, then your access to the Service terminates.

Privacy policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms and is available at Privacy Statement.

Intellectual Property

License, Copyright & User Communication

As a Member of the Academy, you are hereby granted a non-exclusive, nontransferable, revocable license to use the Academy and the Content only for personal development use. The Academy and its Contents are not available to you to exploit for commercial purposes. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. You may print and download portions of the material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download.

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Site is protected by all applicable copyrights, trademarks, service marks, patents or other proprietary right laws.

All content included on this site is and shall continue to be the property of Christy Keating Consulting LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by Christy Keating Consulting LLC. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. The Heartful Parent Academy is the trademark or registered trademark of Christy Keating Consulting LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.

By accessing our forum, private Facebook group, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.

You are responsible for your own communications on and through the Site and Services and are responsible for the consequences of your postings.

We want you to engage with us, however, we ask that you agree not do not do any of the following:

1. Use our private Facebook group, forum, bulletin board, chat room, or any other user interactive area of the Academy for any illegal purpose.
2. Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it.
3. Post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
4. Post any material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, racist, sexist, or embarrassing to another user of our website or any other person or entity;
5. Post a sexually-explicit image; post advertisements or solicitations of business;
6. Or post chain letters or pyramid schemes; or impersonate another person.

Please note that the Site does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.

We reserve the right, but not the obligation, to monitor or screen communications transmitted on or through the Site and Services. If we observe or are notified by a user of communications, which allegedly do not conform to this agreement, we reserve the right to take appropriate action, which may result in any or no action.  We reserve the right to determine whether to remove or request the removal of the communication, in our sole discretion.

No Guarantees

You agree, acknowledge, and accept that the information contained on and through the Site, does not purport to guarantee any particular result but instead is a personal resource to support you on your parenting journey. The information presented in this Website is intended to be for your educational and entertainment purposes only.

Christy Keating Consulting, LLC does not guarantee a specific behavior or parenting outcome.

Christy Keating Consulting, LLC does not guarantee the safety of your child.

Christy Keating Consulting, LLC does not guarantee the short or long-term success of the parenting ideas put forth.

Before embarking on any parenting approach, please use caution; do not do anything that is not consistent with your own beliefs, values, morals, or advice.

Success in any parenting endeavor is based on many factors individual to you. We do not know your background, your skills, your prior experiences, or the time you can and will devote to improving your parenting.

Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors.

There are risks in any approach that are not suitable for everyone or every child.

Examples in our materials are not to be interpreted as a promise or guarantee of results. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to mine or anybody else’s.

No guarantee is made that you will achieve any result at all from the ideas in our material. You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake.

You acknowledge and explicitly understand that the coaching services being delivered by Christy Keating Consulting, LLC in no way should be defined or construed as professional counseling, psychiatry, social work, therapy, and/or any additional service that requires professional licensure at the County, City, State, or Federal levels.

Christy Keating Consulting, LLC is not an employment agent, business manager, financial analyst, or a potential personal or professional reference and has made no promise or obligation to deliver any related service. 

Christy Keating Consulting, LLC has not been retained in any sort of legal capacity and is not providing legal advice or services of any kind; no attorney-client relationship has been formed. 

As a member, you agree not to hold Christy Keating Consulting, LLC liable for any acts or omissions in the delivery of coaching or other services.  You acknowledge and understands that you are always free to reject any suggestions, requests, or advice that is offered by Christy Keating Consulting, LLC or any member of the Academy. 

On the occasion that Member believes he or she requires the services of a licensed counseling professional (or any other professional including, but not limited to, attorney services), he or she is solely responsible for that determination and subsequent actions to find such a professional and seek treatment/counsel.

Third-Party Resources

The Site may contain links to or advertisements of third-party websites (that are not affiliated with us) or resources, such as the books we’re currently reading. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on the Site. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Indemnity

You agree to defend, indemnify and hold harmless Christy Keating Consulting, LLC, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that content that originates from you caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Termination

We may terminate your access to and use of the Site and account, at our sole discretion. Upon any termination, discontinuation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

NEITHER CHRISTY KEATING CONSULTING, LLC, NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not CHRISTY KEATING CONSULTING, LCC has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

In no event will CHRISTY KEATING CONSULTING, LLC’S total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Services or content EXCEED the AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION.

Dispute Resolution

We prefer to resolve things amicably when possible, therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to christy[at]theheartfulparent.com.

1. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;
2. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by JAMS, to resolve the dispute.
3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. The arbitration shall be conducted in Seattle, Washington before a single mutually agreed upon arbitrator. The prevailing party in any arbitration brought under this Agreement shall have the right to collect from the other party its reasonable costs, arbitration, and attorneys’ fees incurred.  The laws of the State of Washington, where Coach resides, govern this agreement. 

 

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us.  These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us by posting a notice on the Site.

Our decision not to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Christy Keating Consulting, LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & Contact Information

If you have any questions regarding these Terms, please email us at christy[at]theheartfulparent.com