TERMS & CONDITIONS
LAST UPDATED: January 4, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.AlwaysBeHeard.com website (the “Service”) operated by Nicole Saleeby ("I", “we,” or “us”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, 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 card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
LIFETIME ACCESS DEFINED
Lifetime access is defined as the lifetime of the course. We reserve the right to discontinue or make updates to any online training.
AVAILABILITY, ERRORS, AND INACCURACIES
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. Products or services may be priced differently based on current sales and promotions, or have a variety of descriptions.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features, and functionality are and will remain the exclusive property of Nicole Saleeby and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Always Be Heard.
LINKS TO OTHER WEBSITES
Our Service may contain links to third party websites or services that are not owned or controlled by Nicole Saleeby.
Nicole Saleeby has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Nicole Saleeby 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify and hold harmless Nicole Saleeby and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall Nicole Saleeby, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Nicole Saleeby, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Updated January 4, 2023
We take your privacy very seriously and except where required for our services, Website or Product to function, such as with billing (see Third Party Technologies below) or where you might opt-in to share your information in our apps, we never share your information. We treat your data in a manner we would want our data to be treated. However, if you do not agree with the below policies and practices, your choice is not to use our Website or register to use the Product through our Website or mobile app.
PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT
We process personal data, personal information, and information from your smartphones and connected devices. The sources of the data are our smartphone app, your smartphone sensors and analytics, connected health devices, and our Website.
PERSONAL INFORMATION USED FOR COMMUNICATIONS
You provide us with your personal information when you voluntarily fill in forms on our Website or Product. When a Visitor registers to become a Customer of the Product, we may collect contact information such as name, email, and unique identifiers including username, account number and password.
We use this information to create and update your account, verifying identity and for enabling communications with you about your account or to assist you when you contact our customer support services.
PERSONAL INFORMATION USED FOR BILLING
For your security, we use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on our behalf and we do not have access to, nor do we store, your full credit card information.
We use this information to process or facilitate payments for our products, services and for the purposes of verifying identity and helping Customers with billing support questions.
COOKIES AND THIRD PARTY TECHNOLOGIES
We collect certain information automatically from Visitors to the Site and users of the Product, such as Internet addresses, browser types, referring domains, timestamps (time page accessed as well as time spent per web page), as well as the specific pages the visitor has requested, user activity in the Product, and device information.
This information is logged to help deliver a better user experience (for example, by displaying personalized content to you based on your interactions with the Website or Product), to diagnose technical problems, to support marketing activities and so that we may better administer the Site and the Product in order to constantly improve the quality of the Website and Product.
ACCESSING AND UPDATING CONTACT INFORMATION
We encourage our visitors and users to access, update and edit their contact information and keep it current. Users can easily access, correct, or update their contact information at any time by logging into a Digital Product that they purchased and visiting the their personal profile on the dashboard. For more help please reach out to customer service at: Nicole@alwaysbeheard.com
UNSUBSCRIBE FROM MARKETING
If you receive marketing e-mail messages from us and wish to opt-out of receiving such messages, then you may simply follow the opt-out procedure specified in such e-mail. All emails sent from www.AlwaysBeHeard.com have unsubscribe links. If you have problems opting out of any list for any reason please contact support at Nicole@alwaysbeheard.com
USER ACCOUNT INFORMATION AND NOTICES
Please note that account information emails are separate from marketing emails and we encourage users to add these emails to their safe list in order to receive account updates, copies of their receipts, password reset emails we well as other pertinent account correspondence. Please safe list the following emails found under the My Account list: Nicole@alwaysbeheard.com.
INTERNATIONAL DATA TRANSFERS
Visitors' and users' information may be transferred to, and processed in, countries other than the country in which they reside. Specifically, the Website and Services are hosted on servers located in the United States of America, and our group companies and third party service providers and partners may operate around the world. This means that when We collect visitors' and users' information, such information may be processed in any of these countries.
We use appropriate administrative, technical, organizational, and physical security measures to protect our users' and visitors' information and data against accidental or unlawful destruction, loss, and alteration, and against unauthorized disclosure and access. We use standard industry practices to protect visitor and user information, including firewalls, SSL encryption, limiting the storage of financial information to a PCI compliant third party provider, system redundancies, and co-location at a 24/7 secured, controlled environment.
Unfortunately, no data transmission or storage can be guaranteed to be 100% secure. While we strive to protect your personal information, we cannot guarantee the security of the information you transmit to us or host with us using our Website or Product.
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with the Service you have requested or to comply with applicable legal, tax, or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it.
YOUR DATA PROTECTION RIGHTS
You have the right to access, correct, update or request deletion of the personal information we collect about you. Please send such requests to Nicole@alwaysbeheard.com. You have the right to opt-out of marketing communications we send you at any time.
We will acknowledge and respond to all access, correction, update, opt-out, and deletion requests within 30 days of receipt. We will respond to all requests from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
NOTICE OF CHANGES
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at Nicole@alwaysbeheard.com.
Nicole Saleeby (“I” “we,” or “us”) refers you to their disclaimer.
You should consult your physician or other health care professional before starting this or any other physical program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this physical program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising you should stop immediately.
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