The Hendricks Institute (“HI”) provides the services contained within its websites (the “Website”) subject to the following Terms of Service (“TOS”). This agreement applies to all HI websites, including but not limited to www.hendricks.com, www.lastinglovemadeeasy.com and www.relationshipcatalyst.tv, www.therelationshipsolution.com, www.attractinggenuinelove.com, www.lastingloveeveryday.com, www.conscious-wieght-loss.com. By using any of the services included on the Website (“Services) or content posted to the Website (“Content”), you consent to abide by the most current version of the TOS.
1.Description of Services
HI web sites are intended to be a place for people interested in creating better relationships. These Services may change from time to time, and HI cannot and does not guarantee that any Services will be uninterrupted, secure, or error-free.
2. Medical Waiver
You understand that HI does not make any medical claims for trainings, audio programs, video programs, on-line courses or any materials presented on its sites. You also understand that HI does not and will not treat, diagnose, cure, or provide advice regarding any physical, mental, emotional, or addictive conditions, and that HI does not provide therapy or counseling of any kind. You understand that you should consult with a medical or psychological practitioner if you have medical questions and/or before making any changes in therapy, counseling, or other current treatment regimens. You agree to assume all risks and accept all responsibility for any harm associated with the contents or use of contents on any HI site.
3. Your Content
Some of our sites allow blog posts and comments. You understand that all information, data, text, software, messages or other materials you view or obtain in HI websites or while viewing or using any of the Content is the sole responsibility of the person from which such content originated. HI is not responsible for any content that you upload, post, e-mail, transmit or otherwise make available on any HI websites.
You agree that HI shall not be liable in any way for any Content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of any content posted or otherwise made available via any of the Services.
You acknowledge and agree that, while HI shall have the right in its sole discretion to edit, refuse or remove any content that violates the TOS or is otherwise objectionable. As a HI member or visitor you may submit Content to the sites, including videos, testimonial and other user comments. You understand that HI does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the sites. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to HI all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the sites pursuant to these Terms of Service.
By submitting Content to HI, you hereby grant HI a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and HI’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the sites and the products distributed by these sites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the sites a non-exclusive license to access your Content through the sites, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the site and under these Terms of Service.
You further agree that Content you submit to the sites will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant HI all of the license rights granted herein.
You further agree that you will not submit to the Website any Content or other material that is contrary to the HI Community Guidelines which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
HI does not endorse any Content submitted to the Sites by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and HI expressly disclaims any and all liability in connection with Content. HI does not permit copyright infringing activities and infringement of intellectual property rights on the Sites, and HI will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. HI reserves the right to remove Content without prior notice.
4. Your Conduct
You agree not to use any of the Services to do any of the following:
a. upload, post or otherwise make available any content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, pornographic or otherwise objectionable;
b. impersonate any person or entity or falsely HIte or otherwise misrepresent your affiliation with any other person or entity, including HI;
c. upload, post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of anyone;
d. upload, post, or otherwise make available any content consisting of or including unsolicited advertising, promotional materials, “spam” or any other form of solicitation;
e. upload, post or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
4. Links to Third Party Websites
From time to time, HI websites may contain links to third party websites, provided either by HI or by users of the site. You acknowledge that HI has no control over third party websites, and as such, you agree that HI is not responsible for the availability of such third party websites and resources, and is not responsible for any content, products, advertising or other materials on or available from such third party websites.
5. Limitation of Liability
To the extent permitted at law, HI and its partners and contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the HI Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) your use of any of the Services, (2) your inability to use any of the Services for any reason, including unavailability of the any part of the site or any technical problems with any site, (3) any statements or conduct of third persons using any of the Services, or (4) any other matter relating to The Sedona Method Community or websites, (5) any third-party claims arising from or based on your use of our services; (6) access delays or access interruptions; (7) data non-delivery or data mis-delivery; (8) acts of God; (9) the unauthorized use or misuse of your Account name or password; (10) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (11) the deletion of or failure to store data of any kind; (12) the development or interruption of your website; or (13) our processing of your application for our services, our processing of any authorized modification to your record or your agents failure to pay any fees, our fees or re-registration fees, (14) security breaches that may compromise an of your personal information and credit card information. You agree that our entire liability, and your exclusive remedy, with respect to any HI service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).
All Services are provided to you “as is”, and HI disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
6. Fees & Payment
As consideration for the Services you have selected, you agree to pay HI the applicable service(s) fees set forth on our website at the time of your selection. You agree to keep your credit card information accurate and current with HI at all times. All fees are due immediately upon registration and are subject to HI refund policies. HI may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by HI to collect such fees. In the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider, in addition to any other remedies HI may have, we may, in our sole discretion, suspend or terminate your account.
You agree to hold HI and its officers, agents and employees harmless from any claim or demand made by any third party due to or arising out of content submitted, posted, transmitted or made available via any of the Services.
You also agree to release, indemnify, and hold HI, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising from the HI services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from the HI services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.
8. Rights Reserved by HI
The Websites and the software necessary to implement the Websites contain proprietary and confidential information that is protected by law. You agree not to copy, modify, sell, distribute or create any derivative works based on any of the Services, Content or software necessary to implement the Services, in whole or in part.
You further understand and agree that HI reserves all rights, including copyright, in all materials included in any format as part of the Website or any Service provided within the Website, including the worldwide rights of distribution on any existing media, including videotape, print, or electronic formats, or any media developed in the future. You acknowledge that all materials and presentations are proprietary and are protected by copyright, and cannot be reproduced, copied, or otherwise duplicated or presented to others without the express written authorization of HI. You also acknowledge that you may not create any derivative works based on any of the HI content on any of the websites.
9. Severability and Waiver
Should one or more provisions of this TOS be determined to be illegal, invalid or unenforceable, such provision or provisions shall be modified to the minimum extent necessary to make it or its application valid and enforceable. If modification of such provision or provisions cannot cure such illegality, invalidity, or unenforceability, the provision or provisions in question shall be severed and the remaining provisions shall be interpreted and, if necessary, modified in a manner that provides for the maximum enforceability and validity of the entire remaining TOS.
10. Choice of Law and Forum
This TOS shall be interpreted, enforced and governed by the laws of the state of California, without regard to choice of law provisions. You agree that all claims relating to or arising from this TOS may be enforced by an appropriate action of law or in equity brought solely in a court of competent jurisdiction in the state of California. Both Parties hereby consent to jurisdiction and venue in the state of California.
11. Term of Service: Continuity Programs
For HI sites that involve paid membership, said membership is for the selected term and will renew automatically thereafter for successive equivalent terms unless either party elects to terminate such service (which you can do at any time by logging into your HI account and indicating your election to terminate such service). Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.
12. Third-Party Information.
You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the third party’s personal data. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
13. Modifications to Agreement.
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may revise the terms and conditions of this Agreement and/or change the services provided under this Agreement at any time. Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on the HI website. You agree to periodically review our website, including the current version of this Agreement available on our website, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time. Any fees paid by you prior to termination of your Agreement with us are nonrefundable, but you will not incur any additional fees. By continuing to use our services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our website, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by: (i) any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Website of a general informational nature. No employee, contractor, agent or representative of HI or any partner of HI is authorized to alter or amend the terms and conditions of this Agreement.
14. Modifications to your account.
In order to change any of your account information with us, you must use your account name and the password that you selected when you create your HI account. Please safeguard this information from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account name or password.
15. Notices and Announcements.
You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to services and/or other relevant matters.
16. Contact by HI
You acknowledge that HI may from time to time contact you with special offers, services or promotions by phone, fax, email, SMS text message, social media or post mail from Sedona.com or associated third parties as determined by HI
Additionally, you acknowledge that HI may contact you for feedback for any Website Services to ensure customer satisfaction is being delivered and to offer additional Services, including, but not limited to coaching.
You agree that your failure to abide by any provision of this Agreement, any HI operating rule or policy, or any dispute policy may be considered by us to be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the services without further notice to you. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
18. Representations and Warranties.
You represent and warrant that: (i) the information that you or your agent on your behalf provide to us during the registration for HI service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner; (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; and (iii) you are of legal age to enter into this Agreement.
You release HI, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our services.
You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an “as is,” and “as available” basis. We expressly disclaim all conditions, warranties and representations of any kind, whether express or implied, including but not limited to the implied conditions and warranties of merchantable quality, fitness for a particular purpose and non-infringement. We make no warranty or representation that our service(s) will meet your requirements or that the service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained through our service. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty or representation regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. No advice or information, whether oral or written, obtained by you from us will create any condition or warranty not expressly made herein. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. HI reserves the right to terminate any of its services at any time, with or without notice to you. In the event of such termination, your sole remedy will be to request a refund of any amounts paid to HI for services that were not completed in whole or in part. In the event that a service was partially completed, you may request a refund of the pro-rata portion of such fee for uncompleted services.
You agree that this Agreement and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.
Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.
23. Agreement to be Bound
By applying for the service(s) of HI or an affiliate through our online application process, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by HI.
How we gather information from users
Like most Web sites, HI also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
What we do with the information we collect
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.
Personally Identifiable Information collected by HI may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
Affiliated sites, linked sites and advertisements
HI expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a HI page, certain content that is actually created or hosted by a third party. Also, through HI you may be introduced to, or be able to access, information, Web sites, features, and contests offered by other parties. HI is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party
HI does not knowingly collect or solicit Personally Identifiable Information from or about children legally under age except as permitted by law. If we discover we have received any information from a child under age in violation of this policy, we will delete that information immediately. If you believe HI has any information from or about anyone legally under age, please contact us at the address listed below.
Contact HI by calling 800-688-0772, or by emailing [email protected]
Mail may be sent to The Hendricks Institute, 226 W. Ojai Ave, Ojai, CA, 93023.
Changes to this Policy
HI reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes.
This policy and the use of HI sites is governed by laws of California. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Ojai, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Ojai, CA., under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court within California.
HI is controlled, operated and administered entirely within California. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.