HeArt in Mind Terms and Conditions

Welcome to Heart in Mind “Service”.  The terms and conditions in this document (the “Terms of Use”) apply when you view or use the Service via our website located at www.heartinmind.net. 

To use the Service you must be 18 years of age and a legal resident of the United States.  If you are under the age of 18, your parent or legal guardian must consent to your use of the Service and your agreement to these Terms of Use. Please review the Terms of Use carefully. By accessing or using the Service, you signify your agreement to the Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Service. If you are a parent or legal guardian and you provide consent for your child to use the Service, you agree to be bound by these Terms of Use in respect of your child’s use of the Service. 

Last updated: June 01, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Heart in Mind, 4340 Redwood Hwy suite d-310, San Rafael, CA 94903.
• Country refers to: California, United States
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Goods refer to the items offered for sale on the Service.
• Orders mean a request by You to purchase Goods from Us.
• Service refers to the Website.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Heart in Mind, accessible from www.heartinmind.net
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

You represent that you are a legal United States citizen.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

• The supply of Goods made to Your specifications or clearly personalized.
• The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
• The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
• The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through PayPal online payment method.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Online Classes

We use third parties, Google Classroom and/or Zoom as the platform for hosting our online classes. When you enroll in our online classes we will require you to provide us with an email address. This email address will be used to provide you with an invitation for access to our Google Classroom, or to send you an invitation to access our Zoom class.   We will email your invitation to the online class or camp with the information supplied during registration.  Though not essential, we advise students to choose an online class/camp name that does not reveal their real name or any other information that could identify them. Other Heart in Mind students will be able to see your child’s class name and chosen profile photo when in Heart in Mind’s Google Classroom or Zoom Class meetings.  We also advise you to monitor your child’s activity while he/she engages in our online classes.  

You agree that, in your use of the Service, you will not under any circumstances 1. post anything that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;  2. use the Service for any unlawful purpose or for the promotion of any illegal activity; 3. undertake to harass, abuse or harm another person or group; 4. use another user’s account, user name, or password; 5. provide false or inaccurate information when registering or updating an Account; 6. undertake to interfere with the proper functioning of the Service; 7. make any unauthorized automated use of the system 8. bypass any measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or 9. publish or link to malicious content intended to damage or disrupt another user’s browser or computer. 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.  This includes but is not limited to use of any video, photos, links, or text hosted on other third-party sites that is used in our online classes on Google Classroom or Zoom.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

In Person Camps, Classes, Parties, Drop-Ins

You understand that you are solely responsible for the delivery and the pickup of your Child from in person Company Classes at any location in which the Company is scheduled to hold such events.  You agree the Company assumes no responsibility for the supervision of your Child before, during, or after the in person Class.  You, on behalf of yourself, your child and your child’s other parent or legal guardian, if any,  hereby waive and release any right you, your child and your child’s other parent and legal guardian, if any, may have or acquire to make a claim against or attach the property of both the Company or any of our employees for monetary damages caused by injury or death to your Child or damage to the property of your Child or yourself arising from your Child’s participation.

Medical Treatment: You agree to grant your consent for the Company to administer general first aid treatment for any minor injuries or illnesses experienced by you or your child.  In the event of accident or injury, you authorize the Company to summon any and all professional emergency personnel to attend, transport, and treat you or your child and agree to authorize the Releasees or their service providers to obtain medical assistance deemed necessary in their discretion.  You assume responsibility to pay for any and all medical and emergency expenses for yourself or your child, including transport, in the event of any accident or injury incurred by yourself or your child during Company in person Classes as a result of participation in the in person Classes regardless of whether you subsequently authorize such expenses.

Liability for Property Damage and Personal Injury: You understand that some Company in person Classes may be held in professional art organizations containing professional artwork for sale, rent, and viewing purposes.  You agree in advance, should ANY artwork contained within these professional art organizaitons, including paintings, drawings, sculptures, etc. be damaged or destroyed by you or your child, said artwork will be paid for in full to the art organization and the Company will not be responsible for repair or payment of said artwork.  In addition, you agree to indemnify, defend, & hold the Company harmless for any claims related to physical injury or damage to property by you or your child.  If you or your child damages any property belonging to the Company you will promptly pay for damaged property. You agree not to hold the Company responsible in ANY way if you or your child injures or harms another child participating in the Company in person  Class. 

Pick Up/Late Fee: You understand all child participants of in person Company Classes must be picked up at the stated end time of the Class or a late fee of five dollars will be charged if a child is not picked up within five-minutes after the end of the Class.  An additional one dollar per minute will be charged thereafter.

Food/Drink: You understand you may bring snacks/drinks for you and your child if necessary. No food is allowed at the art tables.  You agree not to bring peanuts or peanut-based snacks.

Photo Policy: 

You agree, for no additional consideration, compensation, or attribution, all participants and participant’s guardians voluntarily consent, in advance, to allow the Company to use photos of artwork done during all Classes for promotional use.  

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

In the event of commencement of a lawsuit by either party to enforce these Terms and Conditions, the prevailing party shall be entitled to receive attorneys’ fees and costs in addition to any other relief granted. Heart in Mind incurs its obligations and performs its duties in the County of Marin, State of California. In the event that legal action is undertaken to enforce or interpret Agreement, the sole and exclusive venue shall be a court of competent jurisdiction in the County of Marin, California in accordance with California Code of Civil Procedure section 395 (a) or in the United States District Court for the Northern District of California.  

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: info@heartinmin.net
• By phone number: 415-