TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE AND OUR PRIVACY POLICY. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 19/09/2023.

1. ACCEPTANCE OF TERMS. The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Helene Mathieu and Helene Mathieu Visionary (www.helenemathieuvisionary.com), located at P.O. Box 28845, Dubai, United Arab Emirates, and our subsidiaries and affiliates, in association with the use of the website, which includes www.helenemathieuvisionary.com (the”Site”) and its Services, which shall be defined below.

The terms “we”, “us”, and “our” refer to Helene Mathieu (“Company”). Unless we state otherwise, these Terms of Service (“Terms of Service”) apply when you visit or use the Company websites and/or our social media channels and related services (“Services”), or use or purchase our products (such as templates, trainings, or events) (“Products”). The term “user,” “customer,” “you” and “your” refers to visitors and users of the Services and customers of our Products.

3. FOR INFORMATIONAL PURPOSES ONLY. All of the information provided throughout the Services and Products (including the digital content delivered via email, blog, podcasts, events, on social media, webinars and other content, whether available for purchase or not, are resources for educational and informational purposes only. They do not constitute legal advice and are not guaranteed to be accurate, complete, reliable, current or error-free. The information contained in the Services and Products are not a substitute for personalized advice from a knowledgeable licensed attorney authorized to practice law in your jurisdiction. If you have specific legal questions, you should seek the advice of an attorney authorized to practice law in your jurisdiction.

4. ACCESS TO SERVICES AND PRODUCTS. In order to access the Services and/or online Products, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access. We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Services (or any part thereof) or Products, for any reason and without notice. You agree that the Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Services and/or Products. We are not responsible for delay or failure of our performance of any of the features of the Services and Products caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

5. FOR LAWFUL PURPOSES. To access or use the Services or Products, you must be eighteen (18) years old or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Services and/or Products. You may use the Services and/or Products for lawful purposes only. You agree to use the Services and/or Products for legitimate, non-commercial purposes only. You shall not post or transmit through the Services and/or Products any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

6. PRODUCTS

 a. Product Description

While we try to be as clear as possible in explaining the Products, please do not accept the description as entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

b. User Account

Our Products are delivered to you online in a digital format (i.e., no physical products are shipped to you). In order to access certain Products, you will be required to establish a User Account by providing information about yourself including your name, current email address, username, password and other personal information, which you must treat as confidential. You agree that any such information you give to the Company will always be accurate, correct and up-to-date, otherwise we will not be able to deliver important details about your Product purchase(s) to you. You agree that the Products, including any materials contained therein, any usernames or passwords, may only be used by you - the individual who is the customer on record with the Company - as permitted herein and may not be sold or distributed without the Company’s express written consent. 

c. Product Payments

You agree to make timely and full payments to the Company for purchased Product(s) . You authorize Company to automatically charge the credit card on file for any and all payment balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may revoke your access to the Products, without refund.

d. Limited License

For Products you have access to, the Company grants you a limited, personal, non-exclusive, non-transferable license to use the Products for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivate works of, enhance or in any way exploit any of the Products in any manner, except for modifications in filling out the Products for your authorized use. You shall not remove any copyright notice from any of the Products. Doing so may infringe on our intellectual property rights, as outlined below. 

7. INTELLECTUAL PROPERTY POLICIES. The Services and Products contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Services and Products, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. Without limiting the generality of the foregoing, you may not:

- include such content in or with any product or service that you create or distribute;

- reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Services/Products, use of the Services/Products, or access to the Services/Products;

- establish: (i) a hyperlink, including a deep link, to any page or location on the Services/Products; or (ii) a frame containing any portion of the Services/Products, on any other website or text document with hyperlink capabilities without the express written permission of the Company;

- copy such content onto your or any other website or publication; or

- direct any other person to do any of the foregoing.

We reserve the right to immediately remove your access to our Services and Products, without refund, if you are found to be violating this Intellectual Property Policy.

8. NO RESALE OF PLATFORM OR PRODUCT CONTENT. You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Services and/or Products or content or other information or materials of any kind that you do not own without our express prior written consent.

9. THIRD PARTY LINKS AND ADVERTISING ON OUR SERVICES AND PRODUCTS. We may provide links to other websites or resources, which are not maintained by or related to us. Links to such websites or resources are provided as a service to our users and customers and are not sponsored by, endorsed or otherwise affiliated with the Company. We have no control over these websites or resources and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. 

10. THIRD-PARTIES CONNECTING TO OUR SERVICES AND PRODUCTS. Company is not responsible for the content or practices of third-party websites that may be linking to our Services and/or Products and Company and makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.

11. AFFILIATE LINKS. From time to time, Company may include affiliate links on its Services and in its Products. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.

12. SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED. Information you provide or share with us directly or indirectly, on our Services, social media Services, chat rooms, discussion forums or message boards (whether in the form of emails, text messages, comments, audio calls, video calls, coaching calls, webinars, or otherwise) will not be treated as confidential or privileged, as they may be broadly available to other persons, both inside of and/or outside of the Company. Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.

13. FEEDBACK, COMMENTS AND TESTIMONIALS. With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Services and/or Product-related forums, calls, calls, or otherwise, for the purposes of marketing or promoting the Company’s Services and/or Products.

14. ERRORS, INACCURACIES, AND OMISSIONS. Information provided about or in the Services and/or Products is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Services and/or Products.

15. RESULTS NOT GUARANTEED. The Company may share the successful results of the Company, its users, or customers on the Services and Products. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Services and/or Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Services and/or Products is a promise, warranty or guarantee to you of such results.

16. INDEMNITY. All users and/or members herein agree to insure and hold the Company, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from use of our Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

17. MODIFICATIONS. The Company shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

18. ADVERTISERS. Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that the Company shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

19. PROPRIETARY RIGHTS. You do hereby acknowledge and agree that the Company’s Services and any essential software (“Software”) that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company Services (e.g. Content or Software), in whole or part. the Company herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the Content. You shall not allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Content. Furthermore, you do herein agree not to alter or change the Content in any manner, nature or form, and as such, not to use any modified versions of the Content, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by the Company for use in accessing our Services.

20. THIRD PARTY BENEFICIARIES. You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

21. NOTICE. The Company may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

22. TRADEMARK INFORMATION. You herein acknowledge, understand and agree that all of the the Company trademarks, copyright, trade name, service marks, and other the Company logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of the Company. You herein agree not to display and/or use in any manner the the Company logo or marks.

23. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES. The Company will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, the Company may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) The physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf. The the Company Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: the Company P.O. Box 579 Mount Pleasant, South Carolina 29465 Email: ahmv@gmail.com

24. ENTIRE AGREEMENT. This TOS constitutes the entire agreement between you and the Company and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to the Company Services.

25. CHOICE OF LAW AND FORUM. Any dispute arising under or relating to the License or the Image may be resolved only through binding arbitration conducted in Charleston County, South Carolina under the then-applicable rules of the American Arbitration Association. Notwithstanding the foregoing, Licensor may apply to the state and federal courts of Charleston County, South Carolina for an injunction against any breach of this License or infringement of the original author’s or Licensor’s intellectual property rights, or any model’s rights of privacy and publicity, and such injunction may be enforced, and damages for violation recovered, in any jurisdiction world wide. Licensee agrees that any dispute-resolution proceeding will be conducted on an individual basis and not in a class, consolidated, or representative action.

26. WAIVER AND SEVERABILITY OF TERMS. At any time, should the Company fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

27. NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY. You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

28. STATUTE OF LIMITATIONS. You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one (1) year(s) after said claim or cause of action arose or shall be forever barred.

29. VIOLATIONS. Please report any and all violations of this TOS to the Company as follows: