TERMS OF SERVICE
last updated 6/23/2018
1. General Information
The website Your Higher Self Made Easy (yourhigherselfmadeeasy.com) is a motivational email service for users who create an account through the Site. The service requires users to give a valid email address and first name (or moniker) so that I, Wendy Hedrick and administrator, or any agent of Your Higher Self Made Easy, may email them daily motivational messages. The messages are emailed to the users Monday through Friday. No messages are emailed on Saturdays and Sundays. Users may terminate service at any time by clicking on “unsubscribe” on the emails they receive from this Site, or by directly contacting me at admin@yourhigherselfmadeeasy.
I ask that you review and abide by the Terms of Service stated on this Site. From time to time, revisions may be made to this Site’s Terms of Service. The user is responsible for keeping abreast of these revisions which will be posted in Terms of Service. Any revisions made in the Terms of Service will go into effect immediately. YOUR CONTINUED USE OF THE SERVICES WILL CONSTITUTE YOUR AGREEMENT TO THESE REVISIONS. If you do not agree to these Terms of Service, please do not use the service.
The services of this Site is offered and available to users who are 18 years of age or older. By using the service, you represent and warrant that you are of legal age to form a binding contract with Your Higher Self Made Easy and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use this site’s service.
The Site’s service and its content are intended solely for personal and non-commercial use by you. Any use of this Site’s services or its content is strictly prohibited for any use other than for personal and non-commercial purposes.
3. The License Granted to You by this Site
Subject to this Agreement, Your Higher Self Made Easy hereby grants you a limited, revocable, non-transferable and non-exclusive license to use its service through a user identification reference (“User ID”) provided by this Site to the extent, and only to the extent, necessary to access and use its service in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the service or otherwise distribute in any way the components of the service other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the service, create derivative works based on or in any manner commercially exploit the service, in whole or in part, other than as expressly permitted in this Agreement. Any use of the service for any purpose other than as specifically permitted herein or without my prior consent or the prior written consent of my licensors, as applicable, is expressly prohibited. I reserve all rights not expressly granted in this Agreement.
4. Use of the Service
I, Wendy Hedrick, as representative of Your Higher Self Made Easy, reserve the right to withdraw or amend this Site and any service or material I provide, including the email service at my sole discretion without notice. I will not be liable if, for any reason, all or any part of the Site or its service is unavailable at any time or for any period. From time to time, I may restrict access to some parts of the Site to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of this Site’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person access to your user name, password, email address, or other security information associated with this Site. You agree to notify me immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
In order to unsubscribe from this Site’s service, users must click on “unsubscribe” in emails they receive from this Site and opt out of service or contact me directly through firstname.lastname@example.org and express their wish to terminate service.
5. Reliance on Information
Reliance on the Information sent via Your Higher Self Made Easy Service, or presented on or through the Site is made available solely for general information purposes. I do not warrant the accuracy, completeness, usefulness, or safety of this information. Any reliance you place on such information is strictly at your own risk. I DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THIS SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS OR THE CONTENTS OF THIS SERVICE.
6. Content You Provide This Site
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other Content uploaded, posted or stored in connection with your use of the Your Higher Self Made Easy Service. This Site is not responsible for your Content. You hereby grant Your Higher Self Made Easy a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with service, and hereby represent and warrant that you have all the rights necessary to grant this Site such license. You are responsible for any Content that may be lost or unrecoverable through your use of this Site’s service. You are encouraged to archive your Content regularly and frequently.
7. Geographic Restrictions
I, the owner of Your Higher Self Made Easy, am based in the state of Arkansas in the United States. I make no claims that the Site and its service, or any of its content is accessible or appropriate outside of the United States. Access to this Site’s service may not be legal by certain persons or in certain countries. If you access the Site or its service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and cell phone service provider rates and terms of service.
8. User Comments
Any comments left on yourhigherselfmadeeasy.com are subject to the following Terms:
- Users must either register an account with yourhigherselfmadeeasy.com in order to comment publicly on the Site.
- The community rules stated below apply to all comments. Comments will be periodically moderated. I reserve the right to block commenters, remove or amend comments, and to remove user accounts entirely at my discretion, and/or for reasons including, but not limited to, violation of this Site’s Terms of Service;
- By posting comments to the Site, you hereby grant Your Higher Self Made Easy a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, display, copy, reproduce, modify, adapt, translate, distribute, publish, and otherwise disclose or incorporate into other works, the comments for any purpose to the extent permissible by applicable law.
9. Community Rules
- No nudity, pornography, or depictions of sexual activity
- This includes images containing the explicit display of sexual organs especially intended to stimulate erotic feelings, full or partial nudity, any depiction of sexual activity, or softcore or hardcore pornography.
- This includes links posted in comments.
- If you aren’t sure, please don’t post it.
- No hate speech or abusive content.
- Racism, sexism, slurs, personal attacks, death threats, suicide requests or any form of hate speech is not tolerated.
- This includes hate speech or abuse in usernames, as well as images and comments.
- No Advertising, SPAM, or other links to commercial websites
- There’s too much SPAM on the Internet already – don’t add to it.
- No Location Information / Doxing
- Do not post your or another individual’s street address or any information that may lead another user to discover your real address. Users should include no information that makes them publicly identifiable.
10. Copyright Notices.
In accordance with the Digital Millennium Copyright Act (“DMCA”), Your Higher Self Made Easy will remove any Content if properly notified that such Content infringes on another’s intellectual property rights. I reserve the right, at my sole discretion, to remove any Content without prior notice.
To file a notice of infringement with this Site, you must provide a written communication by email to email@example.com with an attached and signed PDF that sets forth the items specified below. To enable me to address your concerns quickly and efficiently, please provide the following information in your notice email:
- For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
- Provide information reasonably sufficient to permit me to contact you: an email address is preferred, as well as a telephone number.
- For images, provide the following detailing your claim to ownership of the copyright in the allegedly infringing image:
- Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. I may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document and email it to admin@yourhigherselfmadeeasy.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and I will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on this Site or in an email that it sends out infringes on your copyrights.
11. Email Correspondence
12. Information Security
No data transmission over the Internet can be guaranteed to be 100% safe. Thus, I cannot warrant that your information will be absolutely secure.
13. Legal Disclaimer and Limitation of Liability Statement
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE, ITS CONTENT, PRODUCTS AND SERVICE ON THIS SITE OR ELSEWHERE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, YOUR HIGHER SELF MADE EASY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR HIGHER SELF MADE EASY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, YOUR HIGHER SELF MADE EASY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE SITE, SERVICES, CONTENT, THE CONTENT OF ANY THIRD-PARTY SITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION, INFORMATION PROVIDED BY ME, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO FROM THE SITE.
YOUR HIGHER SELF MADE EASY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY, ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES, INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, PRODUCTS, SERVICES OR ANY THIRD PARTY SITE(S), PRODUCTS OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD PARTY SITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY THIRD PARTY SITE(S) BY YOUR HIGHER SELF MADE EASY OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY SITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF YOUR HIGHER SELF MADE EASY ) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING YOUR HIGHER SELF MADE EASY’S SITE AND SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.
IN NO EVENT SHALL YOUR HIGHER SELF MADE EASY OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPURTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, MATERIALS, OR CONTENT ON OR THROUGH THE SITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YOUR HIGHER SELF MADE EASY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST YOUR HIGHER SELF MADE EASY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF YOUR HIGHER SELF MADE EASY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SITE, YOUR HIGHER SELF MADE EASY’S LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
These Terms of Service are effective unless and until terminated by either you or Your Higher Self Made Easy. You may terminate these Terms of Service as they apply to you at any time by ceasing to use this Site. Your Higher Self Made Easy may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the yourhigherselfmadeeasy.com, for any reason in its sole discretion; however, the provisions in these Terms of Service that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Service.
Last Updated: 06/11/2018