HeartMath Institute Website Terms of Use

HeartMath Institute ("us", "we", or "our") operates this website, heartmath.org ("Site").

These "Terms of Use" set forth the terms and conditions that apply to your use of the Site. By using the Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Site is personal to you and is not transferable to any other person or entity.

1. Copyrights and Trademarks

   • All materials contained on the Site are Copyright March 30, 2010, HeartMath Institute. All rights reserved.
   • No person is authorized to use, copy or distribute any portion the Site including related graphics.
   • HeartMath Institute, HeartMath and other trademarks and/or service marks (including logos and designs) found on the Site are trademarks/service marks that identify HeartMath Institute and the goods and/or services provided by HeartMath Institute. Such marks may not be used under any circumstances without the prior written authorization of HeartMath Institute.

2. Links to Third-Party Websites

   We may provide hyperlinks to third-party websites as a convenience to users of the Site. HeartMath Institute does not control third-party websites and is not responsible for the contents of any linked-to, third-party websites or any hyperlink in a linked-to website. Institute of HeartMath does not endorse, recommend or approve any third-party website hyperlinked from the Site. HeartMath Institute will have no liability to any entity for the content or use of the content available through such hyperlink.

3. No Representations or Warranties; Limitations on Liability

   The information and materials on the Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.

   HEARTMATH INSTITUTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE SITE.

4. Customer Ratings and Reviews Terms of Use

   These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by HeartMath Institute (the "CRR Service"). To the extent of any conflict between the Site’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

   • By submitting any content to us, you represent and warrant that:

     • You are the sole author and owner of the intellectual property rights thereto;
     • All "moral rights" that you may have in such content have been voluntarily waived by you;
     • All content that you post is accurate;
     • You are at least 18 years old;
     • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

   • You further agree and warrant that you shall not submit any content:

     • That is known by you to be false, inaccurate or misleading;
     • That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
     • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
     • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
     • For which you were compensated or granted any consideration by any third party;
     • That includes any information that references other websites, addresses, e-mail addresses, contact information or phone numbers;
     • That contains any computer viruses, worms or other potentially damaging computer programs or files.

   You agree to indemnify and hold HeartMath Institute (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

   For any content that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

   All content that you submit may be used at our sole discretion. We reserve the right to change, condense or delete any content on the Site that we deem, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. HeartMath Institute does not guarantee that you will have any recourse through HeartMath Institute to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, HeartMath Institute reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not HeartMath Institute, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of HeartMath Institute, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

   By submitting your e-mail address in connection with your rating and review, you agree that HeartMath Institute and its third-party service providers may use your e-mail address to contact you about the status of your review and other administrative purposes.

5. Changes to These Terms of Use

   We reserve the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to HeartMath Institute with any questions relating to these Terms of Use at info@heartmath.org.