Don Heatrick Limited Terms & Conditions
(the “Agreement”)
IMPORTANT NOTICE
PLEASE READ THIS DOCUMENT CAREFULLY
Prior to using the Don Heatrick Limited Membership Service or any Don Heatrick Limited Products, it is important for you to know and understand that by visiting the Site and/or using the Service/Product, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Member Service/Product is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service/Product.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT (WITHOUT EXCEPTION) DO NOT USE THE SITE OR THE MEMBERSHIP SERVICE OR PRODUCT.
By using the Service/Product, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account (for details regarding account termination, see below). The terms and conditions of this Agreement can be provided in any durable medium (for example by way of email or hard-copy), upon receipt by Don Heatrick Limited of a request in respect of the same, such request to be made using the contact details listed at the end of this Agreement.
Please contact us with any questions regarding this Agreement using the contact details listed at the end of this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAMME. 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 DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE MEMBERSHIP SERVICE/PRODUCT IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE MEMBERSHIP SERVICE/PRODUCT IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
DON HEATRICK LIMITED SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE MEMBERSHIP SERVICE/PRODUCT.
1. Who May Use The Membership Service or Product
AGE REQUIREMENT: You must be at least 18 years old to use the Membership Service/Product.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Membership Service/Product. If your child is using the Membership Service or Product without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Membership or Product, please contact us at support@heatrick.com
2. Professional Advice and Medical Disclaimer
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAMME 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, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY.
DO NOT USE THE MEMBERSHIP SERVICE OR PRODUCT 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.
THE MEMBERSHIP SERVICE AND PRODUCTS OFFER HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE MEMBERSHIP SITE OR AVAILABLE THROUGH ANY HEATRICK.COM SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELLING CARE.
FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELLING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE MEMBERS SERVICE/PRODUCT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED KINGDOM AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 999, IMMEDIATELY.
THE MEMBERSHIP SITE AND PRODUCTS ARE CONTINUALLY UNDER DEVELOPMENT AND DON HEATRICK LIMITED MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE MEMBERSHIP SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
3. Your Representations and Warranties as a Member/User
In becoming a Member with the intent of using the subscription Membership Service, or buying a Don Heatrick Limited Product outright, you affirm that either: (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Membership Service/Product.
If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of the Membership Service/Product.
4. General Disclaimers
Don Heatrick Limited provides the Membership Service/Product on an “as is” and “as available” basis. You therefore use the Membership Service/Product at your own risk.
Don Heatrick Limited expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law (to the maximum extent permitted by law).
Without limiting the foregoing, Don Heatrick Limited makes no representations or warranties:
That the Membership Service/Product, or any particular fitness programme is suitable for you;
Regarding the adequacy or safety of the Membership Service/Product for any particular user;
That the Membership Service/Product will meet your personal needs;
That the Membership Service/Product will be permitted in your jurisdiction;
That the Membership Service/Product will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party’s use of content that you submit;
That Don Heatrick Limited will continue to support any particular feature of the Membership Service/Product; or
Concerning sites and resources outside of the Membership Service/Product, even if linked to from the Membership Service/Product.
Don Heatrick Limited reserves the right to modify the Membership Service/Product. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Membership Service/Product. Don Heatrick Limited has no obligation to screen or monitor any content and does not guarantee that any content made available on the Membership Service/Product complies with this Agreement or is suitable for all users. Don Heatrick Limited shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Membership Service/Product content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Membership Service/Product, and no warranties shall apply after such period. Nothing in this Agreement is intended to affect your statutory rights.
5. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Don Heatrick Limited, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Don Heatrick Limited’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to Don Heatrick Limited over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORISED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
The Membership Service/Product is intended solely as a general fitness informational means by which Members/Users can improve athletic performance. In selecting our trainer coaches, we endeavour to source only those coaches who can demonstrate a minimum of two (2) years’ experience in the fitness field, with valid professional experience at a reputable fitness institution or gym. In the course of providing coaching advice, our coaches may occasionally answer incidental nutritional questions based on their own personal experience.
DON HEATRICK LIMITED DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.
You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through the Membership Service/Product as expert opinions or advice.
6. Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
a) what information we may collect about you;
b) what we use that information for; and
c) when and with whom we share that information.
CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or selected third party partners.
7. Membership Provisions
REGISTRATION: To fully use the Membership Service/Product, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration/purchase information to Don Heatrick Limited and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service/Product is for personal use only. Members may not use the Service/Product in connection with any commercial endeavours, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organisations, companies, and/or businesses may not use the Service/Product or the Site for any purpose unless expressly authorised by Don Heatrick Limited.
Don Heatrick Limited may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorised users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Membership Service/Product. If you become aware of any unauthorised access to your account, you must change your password and notify us immediately at support@heatrick.com.
8. Payments
Usage of either the subscription Membership Service or Product (bought outright) constitutes customer’s acceptance of Don Heatrick Limited’s billing policy. The following is Don Heatrick Limited’s billing policy with which all customers must comply.
8.1 General Billing
All accounts are set up on a prepaid basis. Payment must be received by Don Heatrick Limited before any billable product or service is provided/activated. Customers using the subscription Member Service are required to keep a valid credit/debit card on file to charge for recurring monthly subscription fees. CUSTOMERS BUYING A PRODUCT OUTRIGHT MAKE A ONE-OFF PAYMENT ONLY AND THERE IS NO RECURRING BILLING.
A billable Product/Service is provided/activated as soon as payment is successfully processed.
The subscription Membership Service is a paid, auto-renewing subscription service. If you purchase a subscription, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.
All international customers must pay by credit/debit card. Don Heatrick Limited does not accept international checks.
Subscription billing is based on availability of products and services, not based on usage.
Customers are responsible for keeping all credit/debit card details and contact information current. This can be done online through the Customer Centre. To access the Customer Centre, customers should login to their Member application, click on their user name at the top-right of the page, click on “my account” and then click “update your billing info.”
All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
Invoice and payment receipts are available to customers upon request or through the Customer Centre.
All subscription/product fees are non-refundable unless within the initial 7 days cooling-off period (see 8.8 Membership Subscriptions/Product Refunds Policy) (the “Cooling-off Period”).
For the avoidance of doubt, the Cooling-off Period described in this Agreement comprises 7 clear days, beginning from the day after Your subscription/product is activated through to midnight on the seventh (7th) day thereafter.
8.2 Subscription Billing Cycle
Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer’s specific subscription billing cycle date. If the credit/debit card is declined, Don Heatrick Limited will attempt to charge the card on file for 30 days.
Late Fee: All accounts more than 30 days past due may be assessed a late fee. No fewer than three attempts to contact the customer will be made before any late fee is assessed.
Delinquent Accounts: All accounts 30 days past due may be disabled until balances are paid in full. When disabled, all access will be suspended and data will be unavailable.
Deactivation: After an account is delinquent 60 days, it will be cancelled due to non-payment. Once cancelled, the customer will not be able to recover any files until the account is current. Application data will be stored for 90 days post cancellation. After that, application data will not be available. The account record and delinquent balance will be submitted to a third-party collection service.
8.3 Fees
Chargebacks: If a customer initiates a chargeback, Don Heatrick Limited may assess a £35.00 processing fee for each individual chargeback.
8.4 Subscription Billing
Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month in which customers purchase their Membership subscription.
Customers may cancel their subscriptions at any time in accordance with the procedure for cancellation set forth in this Agreement. In the event of cancellation, customers will still have access to their applications through the end of their current billing period. Don Heatrick Limited will not prorate any portion of unused subscription services. All subscription fees are non-refundable unless within the initial 7 days cooling-off period (see 8.8 Membership Subscriptions/Product Refunds Policy) (the “Cooling-off Period”).
For the avoidance of doubt, the Cooling-off Period described in this Agreement comprises 7 clear days, beginning from the day after Your subscription is activated through to midnight on the seventh (7th) day thereafter.
8.5 Payment Methods
Don Heatrick Limited accepts payments via credit/debit card in Great Britain Pounds Sterling. Don Heatrick Limited currently accepts Visa, MasterCard, Maestro and JCB credit/debit cards using WorldPay.
8.6 Subscription Cancellations
Subscription cancellations must be made either through the online Customer Centre or by writing to us at Don Heatrick Limited, 37 Bury Park Drive Bury St Edmunds, Suffolk IP33 2DA.
To access the online Customer Centre, customers should login to their Member application, click on their user name at the top-right of the page, click on “my account” and then click “cancel subscription.”
Customers are encouraged to keep records of all cancellation communication. Cancellations will take immediate effect and you will lose access to the Membership Service as soon as you click “cancel subscription”.
Closing an account with Don Heatrick Limited cannot be done by simply cancelling the credit/debit card. Don Heatrick Limited will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third-party collection service.
It is imperative that account cancellation is done through the online cancel subscription option in your membership account or in writing as stated.
Cancellation of an account does not dismiss outstanding invoices. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be automatically turned over to a third-party collection service.
8.7 Billing Disputes
As a current or prior customer of Don Heatrick Limited, each customer agrees to provide Don Heatrick Limited 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Don Heatrick Limited must be the first option in billing disputes.
Should Don Heatrick Limited receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before Don Heatrick Limited has been given a chance to resolve the issue, Don Heatrick Limited has the right to collect on the rendered services and any fees associated with those disputes.
Regardless of the outcome of the chargeback, Don Heatrick Limited retains the right to collect on any rendered services or fees that are due. Don Heatrick Limited will submit any disputed amounts to a collection agency. Once a chargeback has been received, Don Heatrick Limited will immediately suspend the account until the matter is resolved.
8.8 Membership Subscriptions/Product Refunds Policy
If you pay a subscription to the Membership Service, or purchase a Product, you have a 7 day Cooling-off Period during which you have the right to cancel your subscription or product and receive a full refund. You don’t need a reason to cancel your subscription or product.
Should you wish to cancel your subscription or product within the 7 day period, this must be made either through the online Customer Centre or by writing to us at Don Heatrick Limited, 37 Bury Park Drive Bury St Edmunds, Suffolk IP33 2DA (see 8.6 Cancellations).
Refunds will also be made to members affected by the following:
• where a Don Heatrick Limited error has resulted in overcharging a member for their subscription or product.
• where a member has contacted Don Heatrick Limited, in writing, to cancel or amend a membership subscription payment but where Don Heatrick Limited has been unable to process that request in time to prevent further payment being taken, providing the cancellation request was submitted 15 working days prior to the payment collection date.
9. Submissions
As between you and Don Heatrick Limited, you own all content that you submit to the Don Heatrick Limited, whether directly via theMembership Service/Product or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to Don Heatrick Limited, you are granting Don Heatrick Limited and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you in each case to the maximum extent permitted by law. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the Membership Service/Product permission to view your content for their personal, non-commercial purposes. If you make suggestions to Don Heatrick Limited on improving or adding new features to the Membership Service/Product, Don Heatrick Limited shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Don Heatrick Limited and grant the licenses set forth above; (ii) Don Heatrick Limited will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
10. Indemnification
You agree to indemnify, defend, and hold harmless Don Heatrick Limited and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable legal fees) that: (i) arise from your activities on the Membership Service/Product; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Don Heatrick Limited violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Don Heatrick Limited reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Don Heatrick Limited in connection therewith.
11. License to Use the Membership Service/Product
LICENSE: Don Heatrick Limited grants you a limited, non-exclusive license to access and use the Membership Service/Product for your own personal, non-commercial purposes. This includes the right to view content available on the Membership Service/Product. This license is personal to you and may not be assigned or sublicensed to anyone else without the express prior written consent of Don Heatrick Limited.
RESTRICTIONS: Except as expressly permitted by Don Heatrick Limited in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Daily Burn Service. Nor will you take any measures to interfere with or damage the Membership Service/Product. All rights not expressly granted by Don Heatrick Limited are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:
These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Xbox, Playstation and other such devices and their corresponding apps).
Your use of the Membership Service/Product through any applications or device constitutes your agreement to be bound by these Terms.
12. Third Party Links and Content
Certain links on the Don Heatrick Limited Sites and/or the Membership Service/Product may let you leave the particular Don Heatrick Limited Site or Member Service you are accessing in order to access a linked site (the “Linked Sites”).
When you are linking to a third party site, it is important to know that Don Heatrick Limited does not control these sites, nor has Don Heatrick Limited reviewed or approved the content which appears on the linked sites. Don Heatrick Limited is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites.
You acknowledge and agree that Don Heatrick Limited 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 the use of any of the links, content, goods or services available on or through the linked sites.
12.1 Dealings with Third Parties
More specifically, your participation, correspondence or business dealings with any third party found on or through the Don Heatrick Limited Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Don Heatrick Limited shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
13. Intellectual Property
You acknowledge that the Don Heatrick Limited Site and Services contain software, graphics, photos, videos, audio files, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
All Don Heatrick Limited-generated Content and Content developed for Don Heatrick Limited by its partners and licensors is copyrighted individually and/or as a collective work under the U.K. and all other relevant copyright laws in the European Union.
Further, Don Heatrick Limited owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Don Heatrick Limited Sites.
Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the associated ‘downloads’ (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The Don Heatrick Limited name, logos and affiliated applications and technologies are the exclusive property of Don Heatrick Limited. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content, which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Don Heatrick Limited owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
14. Copyright (Licence)
i. Subject (and as supplemental) to the express provisions of this Agreement, including but not limited to, the terms of the foregoing section 13 (Intellectual Property):
a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
ii. Copyright licence
You may, for your own personal use only and otherwise only in accordance with this Agreement:
a) view pages from our website in a web browser in a private setting and not for public display;
b) download pages from our website for caching in a web browser;
c) print pages from our website;
d) stream audio and video files from our website; and
e) use our website services by means of a web browser,
subject to the other provisions of this Agreement.
iii. Except as expressly permitted by the other provisions of this Agreement, you must not download any material from our website or save any such material to your computer.
iv. You may only use our website for your own personal purposes, and you must not use our website for any other purposes, including, but not limited to, business and/or other commercial purposes.
v. Except as expressly permitted by this Agreement, you must not edit or otherwise modify any material on our website.
vi. Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website, save to the extent expressly permitted by this Agreement.
vii. Acceptable use
You must not:
a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
viii. Report abuse
a) if you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.
b) you can let us know by email or by post using the contact details listed at the end of this Agreement.
ix. Enforcement of copyright
a) we take the protection of our copyright very seriously.
b) if we discover that you have used our copyright materials in contravention of the licence set out in this Agreement, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
x. Permissions
You may request permission to use the copyright materials on our website by writing to us by email or post, using the contact details listed at the end of this Agreement.
Please note – when you subscribe to the Member Service or purchase a Product you are indicating that you have read the terms and conditions of this Agreement and fully understand and accept (without limitation) all of its terms and conditions.
15. Privacy Policy
At Don Heatrick Limited, user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our on-line services. Don Heatrick Limited is committed to safeguarding your privacy on its Web sites located at https://heatrick.com and https://heatrick.customerhub.net or https://vh206.infusionsoft.com.
This Privacy Policy does not apply to products or services provided, or information obtained, other than through the Web site. Please read the following policy to understand how your information will be treated.
We may modify this policy from time to time by posting a revised policy at this Web site address, so please check back periodically. When this policy is modified, if the modifications are significant, we will display the following next to the link to the policy at the Web site: ‘RECENTLY REVISED’, for a period of thirty (30) days following posting.
If there is a material change in the collection, use, or disclosure practices to which you have previously agreed, we will attempt to send you a notice via e-mail if you have provided us with an e-mail address. Please keep in mind that some of the services mentioned specifically in this policy may not be available on the site at this time. If you have questions concerning this policy, please contact us at support@heatrick.com.
This Privacy Policy is effective as of April 5, 2016.
The previous revision of the Privacy Policy was effective as of March 23, 2015.
15.1 Information We May Collect
We may collect information that can identify you (“personal information”), such as your name, email address, age, weight, personal fitness profile, and comments, photographs, video submissions or likeness when you provide it to us when using our website (e.g., by creating a user login on our site), or in some other manner, e.g., by posting or submitting it to our website, to Facebook using our website, or to our Facebook page. We may also collect information from (i) other IAC businesses, (ii) from our business partners, and (iii) from other third parties as we further describe in this Policy. In addition to this information, we may also automatically collect information from your Facebook friends when they reply to Facebook comments you have uploaded to our site (e.g., their name, comment and photo). We may combine the personal information that we receive from different sources.
We also may collect other types of information in the following ways when you visit Don Heatrick Limited websites:
Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users’ movements around our site and understand trends.
We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalise your online experience.
We may use standard Internet tools, such web beacons, which collect information that tracks your use of our website and enables us to customise our services and advertisements.
We use third party analytics tools, such as Google Analytics, to collect and analyse certain user information and behaviour. This information may include demographic and interest information, such as age, gender and users interests. We use this information for internal business purposes on an aggregated, anonymous basis. To opt-out of Google Analytics data collection, you can visit the following site and follow the opt-out procedures: https://tools.google.com/dlpage/gaoptout/
We may also collect certain information, such as the URL of the last web page you visited before coming to our Site, your preferences and settings (e.g., time zone), the ads you clicked on or viewed on our Site (if any), how long you stayed on our Site and what services and features you used.
We do not knowingly collect personal information from children under the age of 13. Should we ever do so, we will comply with the Children’s Online Privacy Protection Act.
15.2 Information Others May Collect
We may allow third-party advertising companies and ad networks, including content recommendation engines, to display advertisements on our Don Heatrick Limited websites or related applications, and to track user activity on our Site for the purpose of determining what ads to display. These companies may also use information collected on our Site in order to better serve ads (ad retargeting).
For the avoidance of doubt, we DO NOT provide any personal information to these companies.
These companies may use tracking tools, such as cookies, to collect information about computers and browsing activity to determine which advertisements to display to users.
Some of these companies may be members of the Network Advertising Initiative, which offers consumers the ability to opt out of ad targeting by all member companies (www.networkadvertising.org).
These advertisers, advertising networks, and behavioural targeting companies sometimes collect information that tracks your use of our Site in order to measure ad performance, track which ads you clicked on and display ads targeted specifically to you, including displaying ads after your leave our Site on other third party sites that are within their ad network.
If you post information about yourself or others, or communicate with others using our website, please note that we cannot control who reads your postings or what they do with the information you provide. We encourage you to use caution in posting personal information.
15.3 How We May Use Information We Collect
We may use information to:
a) provide our products and services and improve and customise services;
b) send newsletters to our users and make special offers;
c) offer products and services that may be of interest to you;
d) process payment for products or services you order via our website;
e) customise the advertising and content that you see on our website;
f) facilitate use of our website;
g) publicly display feedback and comments posted by you on our properties (e.g., use your name, photograph, video submissions and comments when you post feedback on our site or to Facebook);
h) display information about your friends (e.g., their name, photograph and comments) that is automatically uploaded when they comment on Facebook messages that you post to our site;
i) manage your account and your preferences;
j) analyse use of and improve our website, products and services;
k) identify and protect against fraudulent transactions and other misuses of our website; and
l) enforce our Terms of Use.
15.4 With Whom We May Share Information We Collect
We will not share your personal information with others except as expressly set out in this Agreement below, or except when we inform you in advance and give you the opportunity to opt out. We may share personal information with:
Other third parties in limited circumstances, such as reporting suspected criminal activity, complying with legal requirements, preventing fraud, and protecting the safety of our users.
We may share aggregated, anonymous information in any of the above situations and also with service providers, advertisers and others for our own marketing purposes and for purposes of improving the manner in which, and to whom, we offer our services.
15.5 Your Choices
You may choose:
Not to provide personal information, although that may result in your inability to obtain certain services or use certain features of our website;
To stop receiving promotional emails or newsletters from us by using the opt-out link at the footer of such emails or newsletters;
To delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our website may not function properly;
To review and update your personal information by contacting us at the email address below or, if you have an online account on our website, by logging into that account.
You may opt-out of any Google Analytics-related collection by visiting the following site and following the opt-out procedures: https://tools.google.com/dlpage/gaoptout/.
15.6 Security
We take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from unauthorised access, alteration, or disclosure in accordance with UK and European Union laws, directives, regulations, enactments, judicial decisions, directions and other such guidance issued in respect of, and in connection with the same.
15.6.1 Third-Party Links
The Don Heatrick Limited websites may link to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We strongly encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices.
This Policy applies solely to information collected by us through the Don Heatrick Limited website or services and does not apply to these third-party websites. The ability to access information of third parties from the Don Heatrick Limited website or services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations, or their content.
15.6.2 Privacy Policy Changes
Don Heatrick Limited reserves the right to change, modify, add, or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt out of such differing uses. Your continued use of the Don Heatrick Limited websites or services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to bookmark this Web page and review this Policy regularly.
15.6.3 How to Contact Us
If you have any questions about this Policy, or our information practices, please contact us by email or postal mail below:
Don Heatrick Limited
37 Bury Park Drive
Bury St Edmunds
Suffolk IP33 2DA
support@heatrick.com
16. Miscellaneous
16.1 Entire Agreement
THE TERMS AND CONDITIONS OF THIS AGREEMENT (AS AMENDED FROM TIME TO TIME) ARE AT ALL TIMES THE COMPLETE, CORRECT AND EXHAUSTIVE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement constitutes the entire agreement between You and Don Heatrick Limited and sets out the full extent of the Your obligations owed to the Don Heatrick Limited in relation and the obligations of Don Heatrick Limited to You.
No communication, whether made in writing, orally, or by any other means, by You with Don Heatrick Limited and its affiliates, directors, officers, employees, and agents can ever be taken to constitute an amendment or waiver of the terms and conditions of this Agreement, or any contract entered into by You with Don Heatrick Limited under, in connection with, or pursuant to this Agreement.
16.2 Severability
If a provision of this Agreement is or becomes invalid or if this Agreement contains unintentional gaps, this will not affect the validity of the remaining provisions of this Agreement and the binding legal nature thereof. Don Heatrick Limited will replace any invalid provision with a provision which comes as close as possible to the purpose and intent of the invalid provision, and notify subscribers in accordance with the provisions regarding amendment of this Agreement contained herein. To the maximum extent permitted by law, Don Heatrick Limited will fill any unintentional gap in this Agreement with a provision which best suits the purpose and intent of this Agreement.
16.3 Governing Law & Jurisdiction
This Agreement and any contract entered into by You with Don Heatrick Limited under, in connection with, or pursuant to this Agreement, together with any and all non-contractual obligations arising out of or in connection with it are governed by the laws of England and Wales.
The Courts of England have jurisdiction to hear and determine any proceedings and to settle any disputes in connection with this Agreement and any contract entered into by You with Don Heatrick Limited under, in connection with, or pursuant to this Agreement, and accordingly each party irrevocably submits to the jurisdiction of the English Courts.
©2015 Don Heatrick Limited. All rights reserved.
Don Heatrick Limited is a private company limited by shares, incorporated and organised under the laws of England and Wales, with company registration number 09286638, and with its registered office located at Don Heatrick Limited, 37 Bury park Drive, Bury St Edmunds, Suffolk IP33 2DA, United Kingdom. 01284 723572, don@heatrick.com
