Terms of Use
We are Heron Ventures, LLC, a Washington limited liability company (Heron), and the owner and operator of the website found at https://kellyschactler.com and its sub webpages (collectively, the Website), and all of the software, services, information or content offered or accessed through the Website (collectively, the Services).
These TERMS OF USE (Terms) are entered into by and between Heron and you (You/r), and govern Your use of the Website and all of the Services.
1. Acceptance of Terms. You agree that you have read, understand and agree to be bound by these Terms and Heron’s WEBSITE PRIVACY POLICY (the Privacy Policy; https://kellyschactler.com/privacy-policy/) upon Your: (a) clicking the I Agree button on the account registration or payment Website webpage; or (b) accessing, visiting, browsing, using, or attempting to interact with any part of the Website or any Service. If You do not agree to be bound by these Terms and the Privacy Policy, do not access or use any part of the Website or Services.
2. User License. Upon completion and registration of Your Website subscription (Account), Heron will grant You and any persons to whom you wish to provide access to Your Website Account (collectively, the Authorized User(s)) a license to access and use the Website and the Services (the User License). Your User License will be conditional upon Your and Your Authorized User(s) compliance with these Terms and the Privacy Policy.
3. Account Security. Upon registration of Your Account, You will be assigned or able to choose Your Account access information (i.e., Account username and password; collectively, the Access Information). You will be responsible for protecting Your Access Information and restricting access to Your Account solely to You and any Authorized User(s). You agree to notify Heron immediately of any unauthorized use of Your Access Information or any other breach of security, and to ensure that You exit from your Account at the end of each session. If You use an Account username or password that Heron considers insecure, Heron will be entitled to require such username or password to be changed, or Your Account may be terminated. Heron will not be liable to You for any loss or damage from Your failure to fulfill Your obligations under this Section 3 of these Terms.
4. Intellectual Property.
4.1. User Proprietary Rights.
4.1.1. User Content. Any content or information provided by You to the Website or via any Service that You own or have rights to use (collectively, User Content) will remain Your property. You will be solely responsible for the accuracy, quality, integrity, reliability, appropriateness, legality, ownership and rights of use to all of Your User Content. If Heron has reasonable grounds to suspect that any of Your User Content is untrue, inaccurate, incomplete, or otherwise violates another party’s rights, Heron has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website or any portion thereof.
4.1.2 User Content License. You hereby grant to Heron a royalty-free, irrevocable, perpetual, worldwide, non-exclusive, sublicensable and transferable license to use Your User Content to: (a) as necessary to operate or maintain Your Account, Website and Services; (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any and all content, remarks, suggestions, ideas, graphics, or other information communicated, submitted or posted to the Website or via any of the Services; and (c) exploit any or all of the results and proceeds of the same in any and all media, now known or hereafter devised, in all languages, as Heron determines, without incurring any liability for royalties or any other consideration of any kind.
4.1.3 User Attributions. In connection with Heron’s exercise of licensed rights granted under Section 4.1.2 of this Agreement, You grant Heron, and anyone authorized by Heron, the right to identify You or any authorized party as the author of any User Content by name.
4.1.4 Protection of Content. You understand and agree that Heron cannot be responsible for the security of Your User Content or the validity of any information or content posted by any third party on the Website or via any Service. You acknowledge and agree that Your use of the Website and Services, and the providing of Your User Content to the Website or any Service is at Your own risk.
4.2 Heron’s Proprietary Rights.
4.2.1 Heron Content. With the exception of User Content, Heron owns, licenses or lawfully uses all of the content contained on or in the Website and Services, including, without limitation: (a) any text, data, information, software, software code, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the Works); (b) any know-how, methodologies, equipment, or processes used by Heron to provide the Website and Services (collectively, the Procedures); and (c) any trademarks, service marks, trade dress, i.e., logos and the look and feel of the Website and any of Services including their visual design elements and expression (collectively, the Marks) (Works, Procedures and Marks shall be referred to collectively herein as Heron Content).
4.2.2 Heron Content is provided to You on the Website and Services “as-is” and in accordance with these Terms and the Privacy Policy solely for Your use in furtherance of Your Service-related needs via the Website and Services. In using Heron Content pursuant to the license granted under these Terms, You may not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Heron Content. Unless otherwise granted by Heron in writing, any use of the Heron Content not otherwise granted under this Section 4.2 of this Agreement shall constitute a violation of these Terms. Any right not expressly granted under this Section 4.2 of the Terms is reserved.
4.3 Intellectual Property Complaints. Heron respects the intellectual property rights of others, and requires that anyone who uses the Website, or any Service, do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement or infringement of another right, please submit a notice with the following information to Heron’s Copyright Agent (as designated pursuant to the Digital Millennium Copyright Act (DMCA; 17 U.S.C. § 512(c)(2)) via mail or e-mail as provided below:
- Your address, telephone number, and email address;
- A description of the work(s) that You claim have been infringed;
- A description of where the alleged infringing material(s) are located;
- A statement by you that You have a good faith belief that the disputed use of such work(s) are not authorized by the owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that all of the information in Your notice is accurate and that You are the owner or are authorized to act on the owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the work(s).
Copyright Agent:
Attn: DMCA Notice
Heron Ventures, LLC
4616 25th Avenue NE, #163
Seattle, Washington 98105
E-Mail: [email protected]
In accordance with the DMCA and other applicable law, Heron has adopted a policy of terminating, in appropriate circumstances, an Account registered by anyone who is deemed to be a repeat infringer. Heron may also at its sole discretion limit access to the Website, and any Service(s), and/or terminate the Account of any Website user who infringes any intellectual property right of a third party, whether or not there is any repeat infringement.
5. Third Parties.
5.1 Third-Party Links. The Website may link to third-party websites and applications that are not owned or controlled by Heron. Heron does not endorse, has no control over, and assumes no responsibility for, without limitation, the content, terms of use, privacy policies or practices of any third-party website or application. By using the Website, or any Service, You expressly relieve Heron from any and all liability arising from Your use of any third-party website or application accessed from the Website. You acknowledge and agree that Heron will not be a party to or in any way be responsible for monitoring any interaction between You and any third-party website or application linked from the Website.
5.2 Third-Party Content. Content on third-party website or application linked from the Website (collectively, Third-Party Content) is made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded or otherwise exploited without the authorization of such third-party website or application owner. Heron is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Third-Party Content. Heron does not endorse any content, opinion, recommendation or advice expressed in any Third-Party Content. Heron expressly disclaims any and all liability arising out of or relating to: (a) Your use of any Third-Party Content; and (b) any Third-Party Content that is inaccurate, offensive, indecent or objectionable. You expressly waive any legal or equitable rights or remedies You have or may have against Heron and will indemnify and hold Heron harmless to the fullest extent allowed by law regarding all matters related to Your access and use of Third-Party Content.
5.3 Third-Party Product and Service Providers. Heron may use third-party product and service providers to assist in the operation of the Website and Services including without limitation hosting, hardware, software, networking, storage, and related technology required to provide the Website and Services (collectively, the Third-Party Providers). Heron will make a good faith effort to notify and assist in remedying any failure of any Third-Party Provider to sufficiently provide any such services, but Heron will not be liable to You for any failure of a Third-Party Provider to provide any such service to the Website or Services.
5.4 Third-Party Software. The Website and Services may include various third party software components or software services (collectively, the Third-Party Software) that are provided to You under separate license terms with owners of such Third-Party Software owners (Third-Party Terms). You are permitted to use Third-Party Software in conjunction with the Website and Services, provided that such use is consistent with these Terms, the Privacy Policy and applicable Third-Party Terms. Nothing in these Terms is intended to impose further restrictions on Your use of the Third-Party Software in accordance with any Third-Party Terms.
6. Restrictions on Use. You may use the Website and Services only for the purposes expressly permitted by these Terms. As a condition of Your use of the Website and Services, You warrant to Heron that You will not use the Website nor any Service for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not (and may not authorize any party) to do any of the following without the express permission of Heron: (a) Co-Brand the Website; (b) frame the Website; or (c) hyper-link to Website. For purposes of these Terms, Co-Branding means to display a name, logo, trademark, or other means of attribution or identification of any party on the Website or any Service in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within the Website or any Service. You agree to cooperate with Heron in causing any unauthorized Co-Branding, framing or hyper-linking immediately to cease. In addition, You may not use the Website nor any Service in any manner which could disable, overburden, damage, or impair the Website or any Service or interfere with any other party’s use and enjoyment of the Website and Services. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website and Services
7. Purchases from the Website.
7.1 Payment. You agree to be financially responsible for all purchases made by You or someone acting on your behalf through the Website. You further agree that You are responsible for full timely payment of fees paid as installments on the Website, regardless of whether You actually used, attend, or complete the program, course or event, and regardless of whether You have selected a lump sum or monthly payment plan. You agree to only purchase goods or services on Your behalf or for another person for whom You are legally permitted to do so. When making a purchase for a third party on the Website or via any Service that requires You to submit the third party’s personal information to us or a merchant, You represent that You have obtained the express consent of such third party to provide such third party’s personal information to the Website and Services.
7.2 Refund Policy. Your Account subscription is not subject to refund. If for any reason Heron terminates Your access to the Website or any Service, You are not entitled to a refund of any Website subscription fees. Your purchase of a product, service or ticket to an event or course via the Website may or may not provide for any refund. Each specific product, service, event or course offered via the Website will specify its own refund policy. In the event such a refund policy is not specified, then the policy for such is the purchase is non-refundable.
8. Conduct and Use of Communication Services. The Website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with Heron, the Internet community or with a particular group (collectively, the Communications Services). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, You agree that you will not post, send, submit, publish, or transmit in connection with this Website any material that:
a. You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
b. Advocates illegal activity or discusses an intent to commit an illegal act;
c. Is vulgar, obscene, pornographic, or indecent;
d. Does not pertain directly to the Website;
e. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
f. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information;
g. Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
h. Violates any law or may be considered to violate any law;
i. Impersonates or misrepresents Your connection to any other person or entity, including, but not limited to, any employee or agent of Heron;
j. Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
k. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website;
l. Solicits funds, advertisers or sponsors;
m. Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
n. Disrupts the normal flow of dialogue or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;
o. Restrict or inhibit any other Website user from using and enjoying the Website;
p. Amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
q. Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
r. Contains hyper-links to other Websites that contain content that falls within the descriptions set forth above.
Heron has no obligation to monitor any of the content or posting on the Website and Communication Services. However, Heron reserves the right to monitor Your use of this Website to determine compliance with these Terms, as well as the right to remove or refuse any information for any reason. Heron reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Heron also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Heron’s sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and You are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
9. Warranties and Representations. You warrant and represent that You: (a) are eighteen (18) years of age or older and are fully able and competent to enter into, accept and comply with these Terms and the Privacy Policy; (b) will not modify, adapt, or access the Website or any Service by means not expressly authorized by Heron; (c) will not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or any Service without the express written permission of Heron; (d) will not use or access the Website or any Service for any purpose that is unlawful or prohibited by these Terms; (e) will take reasonable measures to protect Your Access Information and any other information concerning Your Account; and (f) will only provide User Content to the Website, and Services that You own or have rights to provide to the same.
10. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Heron, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Heron has been advised of the possibility of such damages. In no event will the collective liability of Heron and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100.00 or the amount You have paid to Heron for the applicable content, product, or service out of which liability arose.
11. Indemnity. You will indemnify and hold Heron, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the Indemnified Parties) harmless from any breach of these Terms by You, including any use of Heron Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability to You in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Website and Services.
12. Disclaimers.
12.1 No Guarantees of Specific Outcomes. When addressing project management, internal alignment, and paradigm on the Website or any of the Services, Heron has taken every effort to ensure Heron accurately represent our programs and their ability to improve Your career and life. Heron will endeavor to share its best information about setting and accomplishing Your goals. Heron will also do its best to share information and advice that Heron believes should give You an advantage in Your career and in life. However, Heron makes no assurances or guarantees that what we share with You will produce any specific result, such as specific amounts of income, jobs or outcomes for You. Nothing on the Website nor any Service is a promise or guarantee of earnings, career progression, or specific personal growth. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, and other factors. Because these factors differ according to individuals, Heron cannot and do not guarantee Your success, income level, or ability to earn revenue. You alone are responsible for Your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. Heron must make these disclaimers because we are not offering a franchise, securities, or an investment contract of any kind. Instead, Heron is offering education via the Website and Services based on our own learned experience.
12.2 No Professional Advice. You understand that Heron is not qualified to provide psychological, financial, legal, and medical advice, and the information provided to You by Heron and any of its employees is not intended as such. You should refer all psychological, financial, legal, and medical related inquiries to appropriately qualified professionals. The information contained in or made available through the Website and Services (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field. In particular, You should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Heron and its licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Website nor any Service. Neither Heron nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for Your decisions, actions and results in life, and by your use of the Website and Services, You agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
12.3 Performance Disclaimer. The Website and Services are provided to You “as is”, and Heron disclaims any and all other warranties pertaining to the Website and Services, whether express, implied, or statutory including, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, title, or non-infringement of third party rights, to the fullest extent authorized by law. Heron expressly does not warrant that: (a) neither the Website nor Services will meet Your requirements and expectations; (b) operation of the Website and Services will be uninterrupted, timely, secure, or error-free; (c) defects or errors in the Website and Services will be corrected; (d) the Website and Services will be compatible with future products or services offered by Heron; and (e) any information or data stored or transmitted through the Website and Services will not be lost, corrupted, or destroyed. You assume responsibility for selecting the Website and Services to achieve Your intended requirements and expectations, and for the results obtained from Your use of the Website and Services. You shall bear the entire risk as to the quality and the performance of the Website and Services.
12.4 Damage Limitations. In no event will Heron be liable to You for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from: (a) Your use or misuse of the Website or any Service; (b) personal injury or property damage of any kind resulting from Your use of the Website or any Service, whether based on warranty, contract, tort, or other legal theory, and whether or not Heron has been advised of the possibility of such damages; (c) conduct of any third party on the Website or any Service; (d) unauthorized access to data storage facilities or equipment owned, lease or used by Heron; (e) interruption, unavailability or errors associated with the Website or Services; (f) any delayed or misreporting of information, data or content to any local, state, or federal agency or department; or (g) bugs, viruses, or similar code which may be transmitted to or through the Website or Services. The foregoing limitations of liability apply to the fullest extent permitted by law.
13. Modification of Terms. Heron reserve the right, at its sole discretion, to change, modify or otherwise alter these Terms or the Privacy Policy at any time without providing notice to You. Such modifications shall become effective immediately upon: (a) the posting thereof to the Website; or (b) via notice to You. You must review these Terms and the Privacy Policy on a regular basis to be apprised of any changes.
14. Miscellaneous.
14.1 Governing Law, Jurisdiction and Dispute Resolution. These Terms will be governed by and interpreted under the laws of the State of Washington. The parties will conduct friendly negotiations to resolve any dispute arising from or out of these Terms, which may include mediation if requested by either party. Should mediation fail, You irrevocably consents to resolve any dispute or conflict arising out of or relating to the Terms by binding arbitration in Seattle, Washington by one (1) arbitrator agreed upon the parties, and in accordance with the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures. Nothing in this subsection of the Terms shall prevent either Party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. Any judgment resulting from such a proceeding will be enforceable in any applicable state or federal Court. The party substantially prevailing in any such proceeding will be entitled to recover all costs and expenses of such proceeding, including reasonable attorney’s fees and costs. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms, You and Heron are each waiving the right to a trial by jury or to participate in a class action.
14.2 Assignment. These Terms will be binding on and inure to the benefit of the parties hereto and their respective successors, assigns, heirs and personal representatives. Except as otherwise provided herein, You shall not assign or transfer any right or obligation under this Terms without the prior written consent of Heron, and any attempted assignment without Heron’s prior written consent will be null and void. Heron may transfer any rights or obligations under these Terms without Your prior consent, written or otherwise.
14.3 Relationship of the Parties. You and Heron agree that no joint venture, partnership, employment, or agency relationship exists between You and Heron as a result of these Terms or Your use of the Website or Services.
14.4 Completeness and Severability. These Terms constitutes the entire Terms between You and Heron concerning Your use of the Website and Services. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect.
14.5 Waivers. A waiver of any term of these Terms will not be a further or continuing waiver of such term or any other term of these Terms, and Heron’s failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.
14.6 Questions. Questions about these Terms, the Website or Services should be sent to Heron via e-mail to [email protected] or via mail to Heron Ventures, LLC, Attn: Services Questions, at 4616 25th Avenue N.E. #163, Seattle, Washington 98105.
