Thank you for visiting the landing page(s) and/or website(s) of Lisa Niel Inspiring Hearts. We deeply care about the protection and privacy of Your personal information, and We are committed to treating all personal and corporate information of all customers, users, and third-party providers of Our landing page(s) and website(s) in strict confidence and with the utmost respect and sensitivity.
This Privacy Policy and Terms of Use describes how Lisa Niel Inspiring Hearts (“The Company” “We” or “Us” or “Our”) policies and procedures on the collection, use, and disclosure of Your personally identifiable information such as Your name, phone number, email address, and financial account information that you provide to us or that We collect from You when You use Our Site(s) or Service Offerings and how the law protects You.
This Privacy Policy also outlines the choices You have regarding personal data we have collected about You and Your privacy rights. “Personal information” or“personal data” is any information that can be used to contact or identify a single individual. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
We do not sell nor market Your Personal Information.
Additionally, we strive to ensure that any personal data we collect about you will be held and processed strictly in accordance with applicable data protection legislation, as set forth in this policy. This Privacy Policy also outlines the choices you have regarding the personal data we’ve collected about you.
For the purposes of this Policy which is under the governance of General DataProtection Regulations (GDPR) and the California Consumer Privacy Act (CCPA), “Personal Information” means any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
This Privacy Policy and Terms of Use will govern your access to and use of, whether as a Visitor, Customer, Registered user, or Subscriber, all landing page(s) and/or website(s), including and without limitation, lisanielinspiringhearts.com, lisaniel.com, unabashedandunstoppable.com, unabashedandunstoppable.com/mykajabi, and coffeewithcandor.com [collectively referred to as “The Site(s)”] of Lisa Niel InspiringHearts, (“The Company”) including all content, images, forms, social media marketing images, customized plugins, surveys, functionality, group/community pages, or fan pages (collectively referred to as “Intellectual Property”) as well as all products, services or resource offerings (collectively referred to as “Services”) on or through The Site(s), including any hyperlinks thereof integrated on The Site(s), or its social media platforms.
In addition to our Privacy Policy and Terms and Use for the Site(s), we may provide an accompanying body of policies including terms, conditions, guidelines, and agreements associated with each of our current and future programs or services. Any person who wishes to register or enroll in any of our online or onsite programs and/or wishes to purchase a product or resource (each, a “Registered User”) is in agreement and accepts this Privacy Policy along with the respective accompanying body of policies, terms and purchase agreements. In the event a Registered User finds inconsistencies or conflicts in an accompanying body of policies, this Privacy Policy and Terms of Use shall control.
Please carefully read these policies and terms before you begin engaging with The Site(s) and using any of its features. We use your Personal Data to provide and improve the Service. By using the Service, The Company’s Site(s), and/or Services, you acknowledge and agree and consent to the practice, policies, and procedures for the collection and use of information in accordance with this Privacy Policy and Terms of Use. You may opt-out of our use of Cookies on The Site(s). In doing so, you may inherently disable some of its features and functionality necessary for its intended use and your enjoyment.
This Privacy Policy which contains CCPA-specific information and GDRP definition is in compliance with the California Consumer Privacy Act of 2018 (“CCPA”) and applies to all users of our Services, except as otherwise certain provisions as specified herein for specific regions (i.e., the EU or California) which apply only to such users who reside in such regions or are citizens thereof.
Changes to Privacy Policy and Terms of Use
As market and consumer needs continue to evolve, we encourage you to visit our Site(s) and review our Privacy Policy as often as possible, as these policies may be amended and updated at our sole discretion to accommodate the needs of visitors, users, and customers to The Site(s). Upon any amendment or change, the effective date will be noted at the bottom of the page. Your use of The Site(s) upon any and such changes will constitute your agreement and acceptance of the amended and updated Privacy Policy and Terms of Use. If you have any questions or concerns with regard to our Privacy Policy and Terms of Use, please contact us with a detailed description of your question(s) or concerns(s) including the URL of the Site(s)involved and we will do our best to resolve it.
Glossary of Terms and Definitions
The following Glossary of Terms and definitions under the following conditions and for the purposes of this Privacy Policy and Terms of Use contain definitions, meanings, and interpretations of which some are under General Data Protection Regulation (GDPR); may contain words of which the initial letter is capitalized throughout this Privacy Policy and Terms of Use, and shall have the same meaning regardless of whether they appear in singular or in plural, in caps or lowercase, or in italics.
Access: permission or ability to use, enter, open, or load by any means or for any purpose.
Account: a unique account created for You to access all or part of The Company’s Site(s) and Services.
Affiliate: an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Automatic Data Collection: the process of identifying and collecting data without human involvement through web analytics services such as Google Analytics and Cookies that track website usage and pages viewed.
As Is: the excursion of any implied or express warranties respective to any Services as described in this glossary of terms, including any downloadable resources and products, onsite and online programs including courses, quizzes, surveys, webinars, private groups and communities, and The Company’s and Site(s) social media pages.
Brand: a logo, word, name, sentence, mark as an identifying symbol which The Company uses to distinguish its Site(s) and Services from others, or a combination of one or more of those symbols or elements to create its unique brand identity.
Business: for the purpose of the CCPA (California Consumer Privacy Act) refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California or has Trademark protection for international business.
California Consumer Privacy Act (CCPA): a legal framework and landmark law that gives California consumers more control over their personal information that businesses from and about them; and that secures for them new privacy rights for their control of such information.
Clients: Customers, Users, and Registered-Users of Our Site(s) and Service Offerings.
Communication Services: electronic mechanisms, web pages, links, and comment sections including email blogs, communities, forums, chat areas, or other communication mechanisms of The Site(s) designed to enable communication with The Site(s) social media community, fan page, bulletin board services, private group, or the community at large.
Community Guidelines: principles, policies, procedures and rules used and applied for, in, and through The Company’s online communities, forums, private groups, webinars, courses, and social media platforms which are mandated for strict adherence to provide safe, respectful, constructive engagement, communication, and collaboration for and among potential customers, Users and Registered-Users of The Company.
Company: (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement): Lisa Niel Inspiring Hearts, 270 N El Camino Real, Suite 449. For the purpose of the GDPR, the Company is the Data Controller.
Consumer: for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes(1) every individual who is in the USA for other than temporary or transitory purposes, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Content: any and all text, content, information, material, forms, publications, worksheets, printable downloads, artwork, writings, music, logos, icons, social media marketing images, audio and video clips, customized plugins, surveys, functionality, group/community pages, fan pages, communications or messages contained therein each of which is exclusive proprietary and intellectual property and copyright protected or is in process or registered as a Trademark.
Cookies: small text files that are placed on a visitor’s computer, mobile device or any other device by a website, containing the details of their browsing history on that website to track returning visitors.
Country: a political state or nation or its territory including the land of a person’s birth, residence, or citizenship.
Data Controller: for the purposes of the GDPR (General Data Protection Regulation), refers to the natural or legal person, agency, public authority, or other body which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Device: any device that can access The Site(s) of our Service such as a computer, a cell phone or a digital tablet.
Do Not Track (DNT): a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
General Data Protection Regulations (GDPR): is a legal framework that sets privacy and security obligations for people in the European Union policies and guidelines for the collection and processing of Your personal information.
Hyperlink: a distinctively marked display on The Site(s), including a word, button, phrase, image, video, graphic, or place through a database format where information related to it can be accessed directly from such display in the same or different location whether on The Site(s) or a third party provider.
IP-Address: stands for internet protocol address. It is a numerical label (also known as a network address) which is assigned to and identifies a specific computer or network. It is also used for routing and delivering online requests as well as addressing and troubleshooting internet issues.
Intellectual Property: property (such as ideas, inventions, processes, or customized applications) that originate from the intellect, work, or creativity of Lisa Niel Inspiring Hearts and its partners including all content, images, forms, publications, worksheets, social media marketing images, videos, customized plugins, surveys, functionality, group/community pages, fan pages.
Landing page: a page accessible from a website that is designed to facilitate visitors, and users into products, programs, or services and has a form that enables visitors and users to provide information in exchange for a desired offer.
License: permission from and through the authority of The Company to use one or more of The Company’s Services in reference to such permission.
Linked Site(s): other websites that are not operated by Us that may be accessible through Our internet addresses, landing pages, websites accessible by Visitors, Users, Registered-Users, and/or Customers. Including landing pages, websites and/or social media pages, also including fan pages, community pages, groups, or forums at which The Company may provide information.
Online Dispute Resolution: a form of alternative dispute resolution (ADR) which makes use of various technologies through the speed and convenience of the Internet and ICT to handle and resolve disputes.
Personal Data: any information that relates to an identified or identifiable individual also referred to as personally identifiable information.
For the purposes for GDPR, and according to GDPR.eu, Personal Data means “any information relating to an identified or identifiable natural person (‘data subject’) in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.”
https://gdpr.eu/article-4-definitions
For the purposes of the CCPA, and according to the State of California Department of Justice, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You. https://oag.ca.gov/privacy/ccpa
Registered User: a user of The Site(s)who has paid for a product, program, or service (“Services”) and has previously provided the credentials of email address, username, and password for access to The Company’s programs, and/or product offerings. Registered users are customers of The Company but not all customers are Registered Users.
Resource: a source of information or support to which one has aid in understanding and/or possible recourse in difficulty.
Sale: for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration. (oag.ca.gov).
Services: Site(s) and Services Offerings of The Company
Service Offerings: all resources, products, or program offerings of The Company including downloadable resources and products, onsite and online programs including courses, quizzes, surveys, webinars, private groups and communities, and The Company’s and Site(s) social media pages.
Service Provider: any natural or legal person who processes the data on behalf of The Company. It refers to third-party companies or individuals including social media service providers employed by the Company to facilitate the Service, to provide the Service on behalf of The Company, to perform services related to the Service or to assist The Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Site(s): The Company’s internet addresses, landing pages, websites including lisanielinspiringhearts.com, lisaniel.com, unabashedandunstoppable.com, unabashedandunstoppable.com/mykajabi, and coffeewithcandor.com or its social media pages including fan pages, community pages, groups, or forums which are accessible by Visitors, Users, Registered-Users, and/or Customers and at which Lisa Niel Inspiring Hearts provides information.
Social Media Service: any website, social network website, or social media pages or links of The Company through which a User can access or create an account to use its Services.
Submission(s): any uploads or post(s) of content, including reviews, comments, photographs, materials, communications, questions, ideas, or other information by electronic means or medium including via email, a web form or forum to or through The Company’s Site(s) and/or Services
Subscriber: an internet user who agrees to receive updates, newsletters, and information about program and product offerings and events from The Site(s) or The Company(namely Lisa Niel Inspiring Hearts) by entering their email address in a subscription form. Subscribers can opt-out of receiving emails at any time by clicking the “unsubscribe” link found at the bottom of every email message.
The Company: Lisa Niel Inspiring Hearts, a limited liability company, also referred to as “we,” “us,” or “our.”
Third-party Payment Processor: an entity or service provider that enables Us as a merchant to receive payments through e-commerce from Our Customers.
Third-party Service: a supplier of services, technology or platforms for business and purchase transactions who is not directly controlled by the seller nor the customer in the transaction.
Social Media Service: refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data: data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Usage Data: data that is collected automatically when using Our Site(s) or Service Offerings, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data
User: an individual person with limited access to The Site(s) who browses The Site(s)for information, notices, events, or product offerings and has provided an email address for for free products or resource offerings, but has not purchased any of The Site(s) products or programs and has no login capability.
Users can also be subscribers of The Company.
User-Generated Content: any type or form of Content or visual media that is created by a User or Registered User of The Site(s) whether related or unrelated to The Company’s Brand including digital images, videos, audio files, discussion form posts or blogs.
Visitor: a person who visits The Site(s) during a period of time.
Website: a location connected to the internet and found on the world wide web that maintains one or more pages written in hypertext markup language (HTML) sourced by one entity or person and traced back to a common Uniform Resource Locator(URL.
You: the individual accessing or using The Site(s) or Services of The Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
The Personal Data We Collect from You
Types of Data Collected
Personal Data
We will never share, rent or sell your personal information or your email address. While using Our Site(s) or Service Offerings, We may ask You to provide Us with certain personally identifiable information that can be used to identify you, to contact you at your request, to process a payment for services or products you have selected to purchase, and to give you access as a Registered User of Our Site(s) or Service Offerings.
We will not share your information with any third party outside of our organization, other than as necessary to fulfill such requests (i.e., payment processing and delivery).We have access only to information that you voluntarily provide us. Personally Identifiable Information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Bank account information in order to make purchase or purchase arrangements, or pay a nominal fee for products and/or services within the Site(s)
Usage Data
When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:
Date of birth
Passport or National ID card
Bank card statement
Other information linking You to an address
Automatic Data Collection Technology
As we endeavor to improve Our Site(s) and Service Offerings, we may use automatic data collection technologies through Google Analytics to collect certain browser data when You access and/or use such Services. This browser data is referred to as Usage Data and may include information such as Your, Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access Our Site(s) or Services, through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, internet connection, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain Our Site(s) and Services, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of Our Site(s) and Service Offerings. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through The Site(s) or Services.
To contact You: To respond to you regarding the reason you contacted us whether to sign up to receive free resources, to inquire about Our Services, to register for a webinar, workshop, or group coaching contact. We may contact You by email, telephone call, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us. Phone numbers you provide through an inquiry on The Site(s) about Service Offerings will be used as a temporary number only to respond to such inquiry and will not be kept, sold, given away, or used in any other manner or for any other purpose.
We may share your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of Our Site(s) and Services, to show advertisements to You to help support and maintain Our Sites and Services, to advertise on third party websites to You after You visited Our Site(s), for payment processing, to contact You.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us to provide you services.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information that you provide in your interaction may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Social Media Service, Your contacts on the Social Media Service may see Your name, profile, pictures and description of Your activity.
Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Your Access to and Control Over Your Information
You may opt out of any future contacts from us at any time by clicking the unsubscribe link at the bottom of any communication from us. Your information belongs to You not Us. At any time, you may:
See what data we have about you or if we have any such data.
Correct, update, or change any data we have about you.
Request and have deleted any data we have you.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to facilitate a purchase contract for products or services, to comply with applicable laws, to resolve disputes, and enforce our legal agreements and policies).
The Company will also retain Usage Data strictly for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at The Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to and maintained on computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Law enforcement
Under certain circumstances, The Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of The Company
Prevent or investigate possible wrongdoing in connection with The Company’s Site(s) or Services
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Disclosure of Your Personal Data
Third-party Service Providers in a contractual relationship with us have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service providers to monitor and analyze the use of Our Site(s) and Services.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of Our Site(s) and Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on The Site(s) Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Site(s) and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Site(s) and Our Services.
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Site(s) or Services.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies in the “What Are Cookies” article.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookie
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with Services available through Our Site(s) and to enable You to use some of its features. They help to authenticate Visitors, Users, and Registered-Users and prevent fraudulent use of user accounts. Without these Cookies, the Sites(s) and Services that
You have asked for cannot be provided, and We only use these Cookies to provide You with those Services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on The Company’s Site(s).
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use The Site(s), such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use The Site(s).
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-parties
Purpose: These Cookies are used to track information about traffic to The Site(s) and how users use The Site(s). The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access The Site(s). We may also use these Cookies to test new advertisements, pages, features or new functionality of The Site(s) to see how our users react to them.
Targeting and Advertising Cookies
Type: Persistent Cookies
Administered by: Third-parties
Purpose: These Cookies track your browsing habits to enable Us to show advertising which is more likely to be of interest to You. These Cookies use information about your browsing history to group You with other users who have similar interests. Based on that information, and with Our permission, third party advertisers can place Cookies to enable them to show adverts which We think will be relevant to your interests while You are on The Company’s Site(s).
Advertising
We may use Service providers to show advertisements to You to help support and maintain Our Service
Google AdSense & DoubleClick Cookie
Google, as a Third-party vendor, uses cookies to serve ads on our Service. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet.
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page at http://www.google.com/ads/preferences/
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any or all of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You such as ActiveCampaign and/or ConvertKit.
ActiveCampaign is a cloud software platform founded by Jason VandeBoom that provides customer experience automation, through email, sales, and customer relationship management (CRM). For more information on the privacy practices of ActiveCampaign, visit their Privacy policy at https://www.activecampaign.com/ca/legal/privacy-policy
ConvertKit is considered a more comprehensive or “full-featured” email service provider created by Nathan Barry. For more information on the privacy practices of ConvertKit, please visit their Privacy policy: at https://convertkit.com/privacy.
Behavioral Remarketing
The Company uses remarketing services to advertise on third party websites to You after You visited our Site(s). We and Our third-party vendors use cookies to inform, optimize and serve ads based on Your past visits to our Site(s).
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page at http://www.google.com/settings/ads.Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page at https://policies.google.com/privacy?hl=en.
Twitter
Twitter remarketing service is provided by Twitter Inc. You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page at https://twitter.com/privacy.
You can opt-out from Twitter’s interest-based ads by following their instructions at https://support.twitter.com/articles/20170405.
Facebook
Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page at https://www.facebook.com/help/164968693837950. To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook at https://www.facebook.com/help/568137493302217.
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA at http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada at http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s data Facebook’s Data Policy at https://www.facebook.com/privacy/explanation
LinkedIn
LinkedIn service is provided by LinkedIn Corporation. You can learn more about personal data provided or processed in connection with LinkedIn services within and outside of their designated countries by visiting this page at https://www.facebook.com/help/164968693837950 or their Privacy Policy at https://www.linkedin.com/legal/privacy-policy?src=li-other&veh=business.linkedin.com
Payments
We may have Products, Programs, and/or Services that We offer and provide (“Service Offerings”) through Our Site(s) for a fee, payment, or arrangement of payments. In that case, We may use third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
PayPal
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
When You use The Site(s) to pay for Services via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity.
Usage, Performance, and Miscellaneous
We may use third-party Service Providers to provide better improvement of The Site(s) and Services.
Invisible reCAPTCHA
We use an invisible captcha service named reCAPTCHA. reCAPTCHA which is operated by Google.The reCAPTCHA service may collect information from You and from Your Device for security purposes.The information gathered by reCAPTCHA is held in accordance with the Privacy Policy of Google at https://www.google.com/intl/en/policies/privacy/.
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which The Company is subject.
Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in The Company.
Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by The Company.
In any case, The Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company strives to undertake all necessary precautions to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within the EU, to:
Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables
You to receive a copy of the Personal Data We hold about You
Request correction of the Personal Data that We hold about You.
You have the right to have any incomplete or inaccurate information We hold about You corrected Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
CCPA Privacy
Your Rights under the CCPA
Under this Privacy Policy, and by law if You are a resident of California, You have the following rights:
The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
The right to access / the right to request. The CCPA permits You to request and obtain from The Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by The Company or its subsidiaries to a third-party for the third party’s direct marketing purposes.
The right to say no to the sale of Personal Data. You also have the right to ask The Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Information” section or web page.
The right to know about Your Personal Data. You have the right to request and obtain from The Company information regarding the disclosure of the following:
• The categories of Personal Data collected
• The sources from which the Personal Data was collected
• The business or commercial purpose for collecting or selling the Personal Data
• Categories of third parties with whom We share Personal Data
• The specific pieces of Personal Data we collected about You
The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer’s rights, including by
• Denying goods or services to You
• Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
• Providing a different level or quality of goods or services to You
• Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
We Do Not Sell Your Personal Information
We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA law.
If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if you are a California resident, You may email, call us or visit contact resource links in this section of this Privacy Policy. The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Website
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
• From Our “Cookie Consent” notice banner
• Or from Our “CCPA Opt-out” notice banner
• Or from Our “Do Not Sell My Personal Information” notice banner
• Or from Our “Do Not Sell My Personal Information” link
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Mobile Devices
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
• “Opt-out of Interest-Based Ads” or “Opt-out of Ads Personalization” on Android devices
• “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some Third-party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Children’s Privacy
Our Site(s) and Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We will take immediate action to remove that information from Our servers.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, You may contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You may contact Us using the contact information provided below. Please include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
If you have any questions or concerns with regard to
Lisa Niel Inspiring Hearts
270 North El Camino Real, Ste 449
Encinitas, CA 92024
info@lisanielinspiringhearts.com
Terms of Use
These Terms of Use shall apply to all Visitors, Users, Customers, Registered-Users, or Subscriber any and all landing page(s) and/or website(s), including and without limitation, lisanielinspiringhearts.com, lisaniel.com, unabashedandunstoppable.com, unabashedandunstoppable.com/mykajabi, and coffeewithcandor.com [collectively referred to as “The Site(s)”] including all content, images, forms, social media marketing images, customized plugins, surveys, functionality, group/community pages, or fan pages (collectively referred to as “Intellectual Property”) as well as all products, services or resource offerings (collectively referred to as “Services Offerings”) on or through The Site(s), including any hyperlinks thereof integrated on The Site(s), or its social media platforms.
Use of the Site(s) and Services by Minors
We are committed to protecting the privacy and safety of children who may access our Site(s) or Services. Use of the Site(s) is restricted to only those who are 13 years of age or older. By using the Site(s), you are representing and warranting yourself as of legal age. Otherwise, you must cease use immediately and exit this website. If you are under 13 years of age, you must not use or engage in any way with the Site(s) or any of its features or provide any information on the Site(s). We advise and encourage all parents and guardians to monitor their children’s use of internet sites and services and to make sure they are informed and knowledgeable about online safety.
Anyone who is aware of Personal data that is provided to us without parental consent must contact us immediately. Our contact information can also be found at “Contact Us” in the Site Map section of The Site(s) or this Privacy Policy and Terms of Use.
Your use of the Site(s) shall be subject to The Company Disclaimer which will inform and govern any and all visitors, customers, users, and Registered Users of the Site(s) with respect to expectations and liabilities of program and product offerings. It is the responsibility of the visitor, customer, user, or Registered User of our Site(s) to review our Disclaimer prior to accessing Our Services.
Consideration
You hereby acknowledge and agree that the receipt and adequacy of these Terms of Use are reasonably relied upon for good, sufficient, and valuable considerable, including and without limitation your access to and use of the Site(s), its content, data, information, materials, hyperlinks, and third party provider resources.
We have done our utmost to ensure all Services, including information, resources, all products, and programs, and downloadable resources made available on or through The Company and its Site(s) provide valuable and accurate information. However, we cannot guarantee such accuracy, and such value is subjective to the user. You hereby acknowledge and agree that you are fully and solely responsible for any outcomes you may suffer as a result of your use, misuse, or non-use of such Services. You acknowledge and agree that all Content and information on The Site(s) is without any expressed or implied warranty and is provided “As Is,” and that neither The Company nor any of The Company’s owners, employees, staff, or Third-party Service Providers shall be held liable in any way or responsible for any loss, harm or damage you may incur or suffer as a result of your use of its Services and/or The Site(s); and that neither The Company nor its owners or employees shall be responsible or liable for any errors and/or omissions on The Site(s). You also agree that it is your responsibility to exercise due diligence appropriate to your situation prior to implementing any strategy or plans or taking any actions recommended or suggested on The Site(s).
Disclaimer
The Company (namely, Lisa Niel Inspiring Hearts) provides products, programs, and services as educational and informational resources to help you achieve your personal or professional goals within the guidelines of this Privacy Policy and Terms of Use. You acknowledge and agree that your use, experience and/or outcomes of any of The Company’s products, programs, or services, regardless of prior results, does not guarantee a similar experience and/or outcomes of other Customers, Users, Registered-Users (collectively “Clients”) or otherwise of The Company. Whether expressed or implied, and that any and all warranties are disclaimed by The Company including but not limited to marketing claims or offers for products, programs, for any particular purposes or functionalities.
Additionally, you recognize and acknowledge that you are solely responsible for your success or failure resulting from your use of The Company’s Service Offerings, (including all products, programs, and resources) and that your outcomes will be the result of your own circumstances, your own particular situation, and your own efforts, including any other environmental or circumstantial factors seen or unseen or whether any of such factors are under or beyond your own control.
Purposes of the Company and its Site(s) with No Guarantees
The purposes of The Company, its Site(s) and its Services are for educational and information purposes in the field of inspirational leadership, self-help, mentoring, and personal and professional growth; and may include entertainment services, namely, providing motivational speaking services in the field of inspirational leadership, self-help, mentoring, and personal growth and may provide video clips and podcasts in the field of inspirational leadership, self-help, mentoring, and personal growth via its online Site(s).
The Company makes no guarantees about your use of or results from any product, resource, service, or program offerings and makes no claims of guaranteed outcomes on its Site(s) or otherwise other than its guarantee to receive a full refund after 30 days to Registered Users of a specific program under the guidelines and statutes of such refund as explained in our Refund Policy for all product and program offerings in this Terms of Use.
Sign-in, Username, Password, and Unique Identifiers
The registration and sign-in process for Registered Users includes creating an account which requires a username (“Username”), a password (“Password”), and an email address to verify your identity for future logins. Such additional data is called a Unique Identifier (“Unique Identifier”). The Company will assign a Username and Password to you. It is your responsibility to provide accurate, current, complete and verifiable information when creating your account.
You are solely responsible for protecting the confidentiality, security, and use of your Username, Password, and Unique Identifier, and for all access to and use of the Site(s) through your account whether shared, copied or accessed by you or anyone other than you (an unauthorized user). YOU ACKNOWLEDGE AND AGREE THAT ANYONE ACCESSING YOUR ACCOUNT OTHER THAN YOU IS CONSIDERED AN UNAUTHORIZED USER, AND YOU WILL BE SOLELY RESPONSIBLE AS BETWEEN YOU AND THE COMPANY (NAMELY, LISA NIEL INSPIRING HEARTS) FOR ANY UNAUTHORIZED USE OR MISUSE OF LOGIN OR PERSONAL INFORMATION, UNIQUE IDENTIFIERS, TRANSMISSIONS, COMMUNICATIONS, FINANCIAL PAYMENT AND/OR PURCHASE OBLIGATIONS THROUGH ACCESS WHETHER INADVERTENT OR DELIBERATE TO ANY OF OUR SITES.
In the event you suspect that your account has been breached, compromised, or threatened for unauthorized use, you must notify us immediately to deactivate your login information and/or change your Unique Identifier to preserve your account. If in our estimation we deem that you have violated any provisions of our Terms of Use as indicated on the Site(s), including hacking or any downloading or copying account information for the benefit of anyone else, we reserve the right to delete your account and terminate your license, and in doing so we shall have no liability to you for any loss or damages caused to you.
Limited License and Use Restrictions
We grant you, in strict accordance with these Terms of Use, a non-exclusive, non-transferable, and revocable limited license to access and use the Site(s) in accordance with the terms as defined in the Definitions and Interpretation under General Data Protection Regulations (GDPR) as a Visitor, User, or Registered User to browse and/or to make the appropriate and authorized use of The Site(s) resources, downloads, products, and/or program(s). Under no circumstances may you copy, extract, reproduce, record, post, publish, transmit, reverse engineer, distribute, assign, share, sell, resell, transfer, license, sublicense, make any commercial use of, or otherwise exploit in any direct or derivative way, whether by data mining, robots, extraction tools, framing techniques, meta tags, or any similar technology, any of the Site(s) intellectual property including any and all content, information, material, forms, publications, worksheets, printable downloads, artwork, writings, music, logos, icons, social media marketing images, audio and video clips, customized plugins, surveys, functionality, group/community pages, fan pages, communications or messages contained therein without the expressed and prior written permission of The Company.
All Content of the Site(s) is proprietary intellectual property and copyright protected and may not be used in a manner that could disable, impair, overburden, or damage the Site(s), nor may any of the Site(s) Content be used in connection with any product or service that is not represented by or affiliated with The Company (namely, Lisa Niel Inspiring Hearts). All programing and software and tools used on the Site(s) is our property or the property of our software suppliers and is protected by United States Federal and International copyright laws, treaties and conventions, including The Company logo and one or more of its product or program names which is or may be in process of becoming a registered Trademark (™).
Community Guidelines
The community of Lisa Niel Inspiring Hearts is a healthy and robust resource and platform for engagement, communication, and support consisting of Visitors, Customers, Users and Registered-Users of The Site(s) and/or Services, and of Lisa Niel who is the brand, persona, and primary owner of The Company. Upon access or use of The Site(s) and/or Services of The Company, You agree (i) that You will comply and adhere to all applicable laws pertaining to your use of the Site(s) and Service(s); (ii) that You will not use the Site(s) or Services for any unlawful purpose; (iii) and that You will comply and adhere to its following mandated rules, principles, policies, and procedures of its Community Guidelines and that:
You will not “stalk,” harass, or threaten another person;
You will not falsify Your identity or in any way impersonate any person, entity, or initiative or otherwise falsify your affiliation with a such through obscurity, misrepresentation;
You will not use any unauthorized or automated means including any robot, scraper, spider technology to access the Site(s) or Services for any purpose without Our expressed and written consent;
You will not attempt to gain inappropriate access to The Site(s) or Services for any personally identifiable information, User-names, Passwords, files, or any other data related to the Site(s) through any unlawful means including but not limited to hacking, data mining, or any other means;
You will not attempt to interfere, disrupt, or harm the intended use and operation of the Site(s) whether inadvertently or intended through the use of any software, virus, device, or any transmission technology;
You will not use the Site(s) to engage in any Spam, e-commerce or other commercial activity
You will not post any Registered-User Content other than your own;
You will be considerate and respectful of others in your communications including, uploads, or post, and be succinct to the subject or topic in such communications.
You will not in any way interfere, block, hide, and tamper with any features, plug-ins, or consumer reporting mechanisms of the Site(s);
You acknowledge and accept that public search engine operators serving our Site(s) may have permission to use spiders to copy public materials from publicly accessible portions of the Site(s) for the sole purpose and extent of creating publicly available search indices of pubic Submissions which would be free of any archives or caches or such Submissions.
You will not email, upload, post, transmit or in any way make available any content that infringes on the copyright, Trademark, or any other proprietary rights of any person, entity, or initiative;
Any and all communications and/or Submissions You make available on or through the Site(s) or Services are completely free of any indecent, defamatory, obscene, sexually explicit, pornographic, libelous, violent, privacy invasive, threatening, harmful, or demeaning words, photos, images, marks, inferences, icons, content, or any other form of communication toward any person or protected class including but not limited to any race, ethnicity, origin, religion, gender, age, disability, veteran status, sexual orientation or identity;
Under no circumstances will You disclose by any means the personally identifiable information of another person including an email address, telephone or cell number, street or postal address, any financial information or other similar information;
You will not access or use the Site(s) or Services in any way that may impose (in our estimation) an unreasonable burden on The Site(s) or Services technical infrastructure whether through a disproportionate amount of data Submitted or through inappropriate means;
You will inform us immediately, with respect to Your confidentiality, upon your awareness of or access to any inappropriate content or behavior that violates Our Community Guidelines;
You acknowledge and agree that We reserve the right to determine at our sole discretion whether any of Your or another’s upload(s), post(s), information, Submission(s), or any other Content is in violation of these Community Guidelines; and upon Our sole determination of violation, We reserve the right to remove without limitation or prior notice any and all such Content and/or terminate or deny your access to The Site(s) or Services.
Access to Downloadable Content
You acknowledge and agree that any access to and download capability of content is allowed only for what we make available to you through your authorized access as a User or Registered User and only on a single desktop or laptop computer for noncommercial and personal use only and with the following provisions:
You do not engage in multiple downloads of any Content of the Site(s) but only one (1) copy and for its specific purpose as outlined.
You do not use the Site(s) or any of its downloadable resources in any way that could impair, overburden, or disable the Site(s), or that could disrupt the usage or enjoyment of any Visitor, User, or Registered User
You do not use or post any of the Site(s) Content on any other website, network or communication system that ties multiple users together, including by association with The Company, its brand, or Services.
You do not alter or modify any marks in any way the images, markings, or communication in the Content including all copyright, trademark, or any proprietary right notices.
You do not download any file or intellectual property of another User or Registered-User.
You acknowledge that The Company does not warrant any claims whether expressed, inferred or implied of any downloadable resource or its content or functionality therein including and without limitation any warrants or claims of error-free, defect-free, or uninterrupted, or that any such estimations or assessments would be corrected.
You agree to hold harmless and without liability through defense, indemnification, or otherwise, The Company, its owners, employees, Third-party Services providers, its affiliates, and/or staff harmless for any viruses or other harmful components whether direct or indirect through Linked Websites that may result from transmission to or through your computer or device.
Submissions of User or Registered-User Generated Content
You are granted limited access respective to your authorized use as a User or Registered User to The Site(s) and as appropriate to the products, programs, or services of The Company (namely, Lisa Niel Inspiring Hearts) the ability to submit and/or post your own content, including reviews, comments, photographs, materials, communications, questions, ideas, or other information (collectively “Submissions”), contingent upon and provided that none of such content is inappropriate, offensive, objectionable, defamatory, threatening, obscene, illegal, invasive, or injurious to other Users, Registered Users, or Third-Party Providers and does not infringe on their intellectual property.
All Submissions whether as a Register is considered User-Generated Content. As a Registered User, you hereby expressly agree, acknowledge, covenant, represent, and warrant heretofore and hereinafter that:
You own or otherwise control all applicable rights, licenses, consents, and permissions to all copyrights, trademarks, trade secrets, including any proprietary, privacy, or publicity rights of, in, or to your Registered-User Content, and all applicable rights and restrictions heretofore and hereinafter.
You are the original creator or otherwise have rights to provide such Registered-User Content and the rights to grant applicable license to the such Content heretofore in this agreement.
You are solely and entirely responsible for all of your User-Registered Content that you upload, email, transmit, post, or otherwise submit via the Site(s).
Any and all of your Submissions of your Registered User Content must be within Community Guidelines and not mislead nor impersonate as to its origin or person, including the use of false-email addresses and/or names.
Your access for Submissions of your User-Generated Content does not include any form of “spam,” mass mailings, political campaigning, chain letters, or commercial solicitations.
Under no circumstances may any of your User-Registered Submissions contain any malicious software or viruses including resident, multipartite, web scripting, direct action, browser hijacker, file infector, boot sector, overwrite, network or any other computer viruses.
Upon submission to the Site(s) your Registered-User Content waives all rights to privacy or confidentiality with respect such Submissions, as your Registered-User Content will be accessible by other Registered-Users, including and without limitation any personally identifiable information you make available on or through the Site(s).
You agree that use of your Submissions of your Registered-User Content by The Company (namely, Lisa Niel Inspiring Hearts) and its content partners under the provisions of this agreement does not in any way now or in the future infringe upon, misuse, or misappropriate your Registered-User Content, intellectual property, moral rights, or such rights of any other person,
Your Submissions will not contain any inappropriate, defamatory, obscene, or libelous content or material which is in violation of The Company’s policy and/or community guidelines.
You agree to hold harmless through defense and/or indemnification or otherwise The Company (namely, Lisa Niel Inspiring Hearts) its owners, officers, employees, staff, agents, licensees, affiliates, and successors from and against any liabilities, claims, losses, damages, expenses, demands, or actions, including and without limitation any and all reasonable accounting and legal fees.
Rights, Licenses, and Limitations of Registered-User Generated Content
As a Registered User, you retain all copyrights, intellectual property, and any other related rights of Registered-User Content that you own. Upon your input, provision, post, upload, or Submission of your Registered-User Content, notwithstanding your full ownership of such Content including all copyrights, intellectual property rights, moral rights, and any other related rights therein, you hereby grant The Company (namely, Lisa Niel Inspiring Hearts) and our sublicensees, without compensation to you or The Company, a non-exclusive, royalty-free, perpetual, and freely sublicensable license to make full use of and derive benefit from whether for profit or otherwise all Submissions of such Registered-User Content that you own including our copying, modifying, editing, combining with other content, recording, compiling, transmitting, formatting or reformatting, synchronizing, translating, publicly performing and/or displaying your Registered-User Content in each case and by any media, technology methods, means, or medium whether known or devised hereafter. In addition, you also grant The Company and our sublicenses, without our obligation, the right to access and use your Submissions of your Registered-User Content, Username, legal name, photographs, and likeness thereof with respect to any use of the aforementioned Registered-User Content for promotion of The Company, The Site(s), our products, programs, and services.
Notwithstanding the aforementioned, you hereby acknowledge and agree that all foregoing granted rights, licenses, and usage of your Registered User Content, name, photograph or likeness may include its display in the content and material of The Company for its promotion, advertisement, and/or profit. The Company reserves the right at its sole discretion to remove any and all Submissions at any time and is in no way under any obligation to use or post any Submissions of your Registered-User Content.
YOU HEREBY ACKNOWLEDGE AND AGREE TO HOLD THE COMPANY (NAMELY, LISA NIEL INSPIRING HEARTS), ITS SUBLICENSEES, AND CONTENT PARTNERS, HARMLESS FROM AND AGAINST ANY LIABILITIES, CLAIMS, ACTIONS, DAMAGES, DEMANDS, OR LOSSES INCLUDING AND WITHOUT LIMITATION REASONABLE ACCOUNTING AND LEGAL FEES WHICH MAY RESULT FROM ANY AND ALL SUBMISSIONS OF YOUR REGISTERED-USER CONTENT.
Communications and Use of Communication Services
The Site(s) of The Company may be interactive with the capacity of electronic communication and may contain web pages, links, bulletin board services, and/or comment sections including email, blogs, communities, forums, chat areas, or other communication message mechanisms designed so that you can engage and communicate with The Site(s) social media community, fan page, private group, or community at large (collectively “Communication Services”). Visiting or sending emails to The Company as a User or Registered-User of any of The Site(s) constitutes electronic communications which you consent to receive from us via email on the Site(s) and which will satisfy any legal requirement(s) that such communications be writing.
You acknowledge and agree that you will not use any of The Company’s Communication Services to violate the private or public rights of others including but not limited to harassing, threatening, abusing, defaming, or stalking; nor will you upload, post, publish, disseminate, or distribute any inappropriate, indecent, inflammatory, infringing, defamatory, obscene, profane, or unlawful message, content, topic, material, information, or name; nor will you access to download, falsify, or delete any file, Content, author attributions, labels, or proprietary designations of the source or origin of another’s of another User or Registered User’s uploaded material through The Company’s Communication Services including any software, material, or proprietary patent contained therein; nor will you collect or harvest in any way the Content, files, email addresses or any other personally identifiable information of other Users or Registered-Users without their consent. Additionally, you agree and acknowledge that you will not upload any files or documents containing any information or content protected by intellectual property laws including copyright, Trademark or other public or private rights without your full ownership, control, or written and granted permissions of such rights thereto; nor upload any files or documents that contain any malicious software or viruses aforementioned in section .05 of SUBMISSIONS OF USER-GENERATED CONTENT that may infect, harm, or damage another computer or computer network through such Communication Services, or violate any applicable laws or regulations or agreements in these Terms of Use.
At any time, We reserve the right but no obligation to monitor and review any Content, including all information, and materials posted to its Communication Services and at its sole discretion may without notice refuse to post, or remove whole or in part any User or Registered-User Generated Content and terminate your access for any reason and at any time to any or all of its Communication Services.
You hereby acknowledge and agree to adhere to the aforementioned terms of use when uploading any of your Content through Our Communication Services.
Pursuant to Your adherence to this Privacy Policy and Terms of Use, We will take any and all precautions to ensure your communications through Our Communication Services remain confidential. However, we cannot guarantee the security and privacy of such communications nor can we guarantee nondisclosure of such communications as a result or in the event of a court order.
Links to Other Websites, Services, and Applications
The Site(s) and Services of The Company including its websites, landing pages, and social media pages may contain links to other websites that are not operated by Us (collectively “Linked Sites”). If You click on a Third-party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any Third-party sites or services. The Company is neither responsible for any information or content provided from any Linked Sites; nor responsible for any information or content contained on any Linked Sites including any updates or changes to any Linked Sites or links provided therein.
Your use of any service, product, or functionality of any Linked Site and/or your provision of any information, including personally identifiable information on such Linked Sites constitutes your agreement and consent that The Company may share such information with any Third-party in a contractual relationship with us to provide the requested service, product, or functionality for its customers and/or users.
Any hyperlinks you create can be linked only to The Site(s) Home page and must not be linked to any of The Site(s) Register Users or Third-party Providers; must not contain any of their intellectual property as part of the linkage; and must not portray The Company, our licensors, or licensees including their respective products or services in a misleading, derogatory, false, or otherwise inappropriate manner.
We reserve the right to refuse service, cancel orders, remove content, or terminate this Agreement and your account(s) including your access to and use of all or any part of the Site(s) without cause and without notice to you and without liability at our sole discretion.
We reserve the right without liability to amend, edit, change, discontinue, or suspend, or terminate any part or all of the Site(s) and/or Services at any time and without prior notice. You hereby acknowledge and agree that the following sections of this Privacy Policy with respect to Your use of The Site(s) and Services of The Company, and all contractual financial obligations fees, payments and taxes associated therewith shall survive any termination whether whole or in part of this Agreement until such contractual financial obligations are fully satisfied:
Disclaimer
Purposes of the Company and Its Site(s) with No Guarantees
Limited License and Use Restrictions
Payments Usage, Performance, and Miscellaneous
Rights, License, and Limitations of Registered User Generated Content
Communications and Use of Communication Services
Digital Millennium Copyright Act
Disputes, Arbitration and Laws
Digital Millennium Copyright Act
Lisa Niel Inspiring Hearts is committed to respecting the intellectual property rights of others and makes every effort to comply with all applicable and relevant copyright and trademark laws. Any and all claims of copyright infringement received will be reviewed, assessed, and responded to with appropriate actions under the Digital Millennium Copyright Act (DMCA) including the removal of any and all content deemed in violation of any such laws whether via post or distribution.
If, for any reason, you believe that your intellectual property or work has been infringed upon, please provide any and all notices and claims in accordance with DMCA requirements including the following:
A complete description of the copyright protected work in reference to your claim;
The location described in detail of the authorized or original copy of such copyright protected work;
Your contact information including your address, email address, and phone number;
A clearly written statement with your signature that you believe in good faith your referenced copyright protected work or intellectual property being displayed or used is unlawful and/or unauthorized by you as the copyright owner or your legal agent;
A clearly written statement, made under penalty of perjury, that your notice and all information therein is accurate and verifiable that you are the expressed copyright owner or agent authorized to act on your behalf as copyright owner;
A notarized physical or electronic signature of your legibly written full name or that of the agent authorized to act on your behalf in the interest of your copyright protected work or intellectual property.
Notwithstanding any laws pertaining to or in conflict with these provisions, this Agreement and all actions related thereto are under the legal governance of the State of California.
Any and all claims of copyright or trademark infringement which may be given under DMCA are received by Our designated agent at:
Lisa Niel Inspiring Hearts
270 North El Camino Real, Ste 449
Encinitas, CA 92024
info@lisanielinspiringhearts.com
Disputes, Arbitration, and Laws
Any disputes that may arise in any way relating to Your visit to and/or use of The Company’s Site(s) or Services, or to Your purchase or contractual financial arrangement for its Service Offerings shall be submitted in writing and subject to binding confidential arbitration in San Diego County, California of the United States of America, with exception to the extent you have in any way or manner violated whether threatened or realized The Company’s intellectual property rights, upon which we may seek injunctive relief or other relief as appropriate in any court, whether state or federal, in San Diego County, California of the United State of America and at Our sole discretion in determining the exclusive jurisdiction, location and venue of such courts.
All actions, rights, and obligations considered by You or Us under these Terms of Use including these Terms of Use will be governed by applicable laws of the State of California and the United States of America as wholly entered into and wholly performed by contract within the State of California. No governance of these Terms of Use shall be acknowledged nor given to the United Nations Convention on Contracts for the International Sale of Goods.
Under these Terms of Use, Arbitration for any disputes constitutes (i) that both parties waive their right to litigation of such disputes in court or have a jury trial, unless by permission and jurisdiction of a Small Claims court; (ii) that the resolution of such disputes shall be conducted and resolved through Online Dispute Resolution (ODR) under the prevailing Streamlined Arbitration Rules and Procedures of JAMS/ENDISPUTE; (iii) that a neutral arbitrator will be chosen by both parties; (iv) and that the decision of such arbitration shall be final, with the exception of limited rights of appeal of a Small Claims Judgment under the civil division of the superior court.
Waiver of Class Action
You agree that any and all disputes, arbitration and proceedings shall be between the sole parties of You individually and Us; and as permitted by the full extent of the law that (i) no authority or right is given by or to either parties that any claims or disputes be arbitrated or resolved by any class-action means, methods, or proceedings; (ii) no authority or right is given by or to either parties that any claim or dispute be presented or brought by means of an agent of the general public or any other representative; (ii) no proceedings or arbitration shall be in connection with or joined to any other. YOU ACKNOWLEDGE AND AGREE THAT ONLY IN YOUR INDIVIDUAL CAPACITY AND AGAINST US ONLY MAY YOU BRING CLAIMS, AND NOT THROUGH ANY REPRESENTATIVE MEANS OR PROCEEDING AS A PURPORTED CLASS MEMBER, NOR AS ONE REPRESENTED AS A PLAINTIFF.
These Terms of Use including all limitations, exclusions, and disclaimers herein shall apply to the maximum extent under applicable laws.
Contacting Us
The Site(s) are owned and operated by Lisa Niel Inspiring Hearts. If you have any questions, suggestions, or concerns with respect to the terms, conditions, practices and guidelines of this Privacy Policy and Terms of Use, please contact us via email at info@lisanielinspiringhearts.com or you may contact us by mail at:
Lisa Niel Inspiring Hearts
270 N. El Camino Real, Suite 449
Encinitas, CA 92024
Last updated: May 16, 2020