DISCLOSURE

Comment Policy

All content on the Site is my own opinion. I take pride in the thoughtful and intelligent comments and as a result, moderate comments minimally. However, I do reserve the right to edit all comments and to moderate all comment threads as I see fit. Your comment is more likely to be edited, moderated or deleted if it contains phobic content (based on race, sex, sexual orientation, nationality, religion, etc), is not nice, unrelated to the topic, or is an obvious piece of trollage or spam. Any comment may be deleted without notice at my discretion.

Copyright sharing and attribution

Reprinting/posting Site content and/or original photos to any other website without permission is strictly prohibited.

• All content and photos (unless noted otherwise) are original creations by Heather Beardsley. Social Sharing is permitted with a direct link back to the post permalink. If you pin any images from this site be sure to correctly link to the original source and note the photographer credit.
• This site sometimes features photos that do not belong to me. They are always attributed and linked back to their original source. If any links are broken or attributions are (inadvertently) contact admin {at} hbeardsley {dot} com.

All work on this site is protected by the Creative Commons Copyright Laws and attributed to Heather Beardsley. All Rights are Reserved. No part of any materials found on this site may be reproduced, stored in retrieval systems, or transmitted by any means, electronic, mechanical, photocopying, recorded or otherwise without written permission from Heather Serody.

The FTC requires transparent disclose of the nature of business relationships and compensation structure when recommending or featuring products &/or services.

Guidelines & Privacy

• We regularly share my favorite finds, discoveries, and recommendations as resources for readers. I feel accepting payment for recommendations or reviews would degrade trust among my readers and erode my authority as a nonbiased publisher. Therefore, I do NOT endorse products or services for compensation.

• I do feature certain personally selected products or services and recommend them to purchase using shopping links for reader convenience. Some links are an affiliate in nature which means purchasing through those links will earn me a small commission from for the referral. This is one way I earn income from the work I do to create content and maintain this site. This arrangement allows me compensation without the problem of being unduly influenced.

• I sometimes work with the same affiliate links on my Pinterest page. The content of posts or pins are all items, things, and experiences I genuinely like and I think you will, too. I only work with select companies whose products I personally love, use and think, you will, too.

• Any sponsored giveaways or posts will be clearly noted as such. Sponsored giveaways are, like everything else here, giveaways of products or services that we personally like and think that you will too! Items gifted or sent gratis are noted ‘c/o’ (courtesy of).
• If you have subscribed to receive our email newsletter, you have given me your email address, which is held in the strictest confidence with my email vendor Mailchimp and will never be sold or used for any other purpose than to communicate with users at their request.  

The Site does not provide medical advice or individualized coaching

The contents of the site, such as text, graphics, images, information obtained from Heather Serody’s affiliates, and other material contained on the Site (”Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

Using this site does not establish a medical-client relationship us or our licensors. We do NOT provide individualized assessments, meal plans, goal setting, counseling, advice, or specific individualized nutritional suggestions to clients as a remedy for an illness or other adverse health conditions. We do not offer individualized diagnosis and/or treatment for medical conditions. We DO make general nutritional suggestions to otherwise healthy clients for the purpose of improving client fitness or performance goals. 

You must consult with your own doctors in determining if the methodologies suggested on this site are appropriate for you and your conditions. It is your responsibility to discern what information provided is useful for you and your conditions and to the Site and its Content in ways that reflect propriety and common sense.

The site does not provide business advice

The information contained on the Site is for general information purposes only. While we try to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Any business decisions you make as a result of the information posted on this site, products sold through this site, or links listed on this site are your responsibility only.

Use of content

Any special rules for the use of other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under the United States and foreign laws. Title to the Content remains with Heather Beardsley or her licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice. All rights not expressly granted herein are reserved to Heather Beardsley and her licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates.

Privacy Policy

We understand that privacy online is important to users of our Site, especially when conducting business. This statement governs our privacy policies with respect to those users of the Site (“Visitors”) who visit without transacting business and Visitors who register to transact business on the Site (“Authorized Customers”) and make use of the various services (collectively, “Services”) offered by us.

“Personally Identifiable Information”

Personally Identifiable Information refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.

What Personally Identifiable Information is collected?

We may collect basic user profile information from all of our Visitors. We collect the following additional information Authorized Customers who purchase goods or services: the names, addresses, phone numbers and email addresses of Authorized Customers.

What organizations are collecting the information?

In addition to our direct collection of information, our third-party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain and do not store, retain, or use the information given to them.

How does the Site use Personally Identifiable Information?

We may use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide the requested information.

With whom may the information be shared?

We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third-party vendors. We also offer the opportunity to “opt-out” of receiving information or being contacted by us or by any agency acting on our behalf.

How is Personally Identifiable Information stored?

Personally Identifiable Information collected by us is securely stored and is not accessible to third parties except for use as indicated above.

What choices are available to Visitors regarding collection, use, and distribution of the information?

Visitors and Authorized Customers may opt-out of receiving information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at admin[at]hbeardsley.com.

Are Cookies Used on the Site?

Cookies are used for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer is logged on and the site is unused for more than 10 minutes, we will automatically log the Authorized Customer off.

How do we use login information?

We use login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s purchases, and gather broad demographic information.

What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?

We have entered into and will continue to enter into partnerships and other affiliations with a number of vendors. Vendors do not have access to any Personally Identifiable Information unless you have agreed to this in advance for a special purpose, as in the case of a giveaway or contest so that you may be contacted if you win. Our privacy policy does not cover any 3rd party vendor’s collection or use of this information. We will also disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.

How does the Site keep Personally Identifiable Information secure?

The Site is protected by 3rd party security software and includes hacker security measures. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of employees &/or contractors who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take reasonable measures to maintain a secure site, however, electronic communications and databases are subject to errors, tampering, and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.

How can Visitors correct any inaccuracies in Personally Identifiable Information?

Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at admin[at]hbeardsley.com

What happens if the Privacy Policy Changes?

It is your responsibility as a Visitor to the Site to check ofr any updates to the Privacy Policy.

Links:

The Site contains links to other websites. Please note that when you click on one of these links, you are moving to another website. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.

Third-party privacy

• Stripe & PayPal Payment Processing

When you use Stripe Checkout or PayPal on the Site to store your payment credentials, Stripe &/or PayPal will gather and store your payment card information, your email address, your mobile phone number, and billing and shipping address. Stripe &/or PayPal will use this information to complete purchases that you choose to make on other websites or applications that also use Stripe &/or PayPal Checkout, but only with your permission. Stipe’s Privacy Policy is here. PayPal’s Privacy Policy is here. We may also share your contact information, but not your card information, with merchants as part of your purchases. We will not share this information with other third parties except as a necessary part of providing our Site content and Services. You should carefully review merchants’ privacy policies to better understand how each uses your information.

• Our complete Privacy Policy is found separately here.

Liability

The use of the Site and the Content is at your own risk. When using the Site, the information will be transmitted over a medium that may be beyond the control and jurisdiction of us and our suppliers. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Site.

We maintain no responsibility for any actions you take as a result of visiting or reading content on this site. Content on the Site is for your own use, if you choose, but do not in any way take the place of medical attention, diagnosis, or treatment. Any medical decisions you make as a result of coaching are your sole responsibility.

The Site and the content are provided on an “as is” basis. OUR LICENSORS, AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or the approval or compliance of any software tools with regard to the Content contained on the Site.

In no event shall we, our licensors, suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. We, our licensors, suppliers, or any third parties on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed the lesser of (1) the amounts you have paid us for Services or Content made available to you on this Site, or (2) American $350. We, our licensors, suppliers, or any third parties on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Advertisements, searches, and links to other sites

We may provide links to third-party websites. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any product, service, or treatment advertised on the Site.

Indemnity

You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

We are based in Boca Raton, Florida in The United States. We make no claims that the content is appropriate or may be downloaded outside of The United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with us or in any way relating to your use of the Site, resides in the courts of the county of Palm Beach, Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the county of Palm Beach, Florida in connection with any such dispute including any claim involving us or or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the county of Palm Beach, Florida without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to me at heather [at] hbeardsley.com and include all of your reasons for dissatisfaction with your Program or product. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in Palm Beach County in the State of Florida where my business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of this Disclosure are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Complete agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions and Privacy Policy constitute the entire agreement between you and us with respect to the use of the Site and Content.