Terms of Service

Last modified: August 2022

THANK YOU FOR VISITING

1heart Journeys, L.L.C. (“1heart”, “1heart JOURNEYS”, “we”, “us” or “our”) welcomes You to its websites – www.1heartjourneys.com, and any other websites owned and operated by us now and in the future (the “Sites”). Our Sites contain, among other things, information regarding our “Journey” (each, an “Journey,” and collectively, the “Journeys”). Use of our products, software, services and Sites (referred to collectively as the “Services”) by our visitors and members (collectively, “You” or “Your”) is subject to these terms and conditions (the “Terms of Use”) and form a binding agreement between You and us. Please review the following Terms of Use carefully. Each time You access the Sites or use the Services, You are agreeing to be bound by these Terms of Use, whether You are a “Visitor” (which means that You simply browse the Sites), or You are a “Member” (which means that You have established an account with us (Your “Account”)). If You do not agree to all of these Terms of Use, 1heart is unwilling to grant You access to the Sites or Services, and You must cease access to the Sites and Services immediately.Data and Information Protection We Collect or You Provide Us

Personal information is collected when a Visitor of the Sites provides such information knowingly through registration or a contact form, from third parties and referrals, and passively through technology such as cookies. Personal information includes personal data, contact information, company and business information, and interpersonal information.

• “Personal Data” means data that allows someone to identify or contact You, including, for example, Your name, address, telephone number, e-mail address, as well as any other non-public information about You that is associated with or linked to any of the foregoing data.
• We may collect Personal Data from You, such as Your first and last name, gender, e-mail and mailing addresses, professional title, company name, and password when You create an Account to log in to our network.
• If You order Services on the Sites, we will collect all information necessary to complete the transaction, including Your name, credit card information, billing information and shipping information.
• We retain information on Your behalf, such as files and messages that You send US or complete in order to join a Journey.
• If You provide us feedback or contact us via e-mail, we will collect Your name and e-mail address, as well as any other content included in the e-mail, in order to send You a reply.
• When You participate in one of our surveys, we may collect additional profile information.
• When You post messages on message boards of the Sites, the information contained in Your posting will be stored on our servers and other users will be able to see it.
• We also collect other types of Personal Data that You provide to us voluntarily, such as Your operating system and version, product registration number, and other requested information if You contact us via e-mail regarding support for the Services.
• We may also collect Personal Data, such as at other points in the Sites that state that Personal Data is being collected.
• To make the Sites and Services more useful to You, our servers (which may be hosted by a third party service provider) collect information from You, including Your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to Your computer when You use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for Your visit.
• We also use cookies and URL information to gather information regarding the date and time of Your visit and the information for which You searched and which You viewed. “Cookies” are small pieces of information that a website sends to Your computer’s hard drive while You are viewing a website. We may use both session Cookies (which expire once You close Your web browser) and persistent Cookies (which stay on Your computer until You delete them) to provide You with a more personal and interactive experience on the Sites. Persistent Cookies can be removed by following Internet browser help file directions.
• Except as set forth below, the only people who have access to personal information collected on the Sites are our employees who have a need to know and who are bound by nondisclosure agreements and our privacy policy located at http://www.1heartjourneys/privacy/. We have physical, electronic, and procedural safeguards to protect the personal information that we store. The only information we would share (solely during introductions or referrals) would be Your name and email.
• Also, please note that the Sites may contain links to third party websites. These third party websites may send their own cookies to collect data and solicit personal information. Therefore, we cannot guarantee Your privacy when visiting such third party sites, nor the accuracy or acceptability of any services provided by such third parties.
• When users submit sensitive information via the Sites (such as credit card numbers or social security numbers), that information is encrypted and is protected with SSL encryption software.

Uses of Your Information

• We use the Personal Data that we receive to operate the Sites, produce our Journeys, and in certain other ways, including:
  • to facilitate the creation of and secure Your Account on our network
  • to identify You as a user in our system
  • provide improved administration of the Sites and Services
  • provide the Services You request
  • improve the quality of experience when You interact with the Sites and Services
  • send You a welcome e-mail to verify ownership of the e-mail address provided when Your Account was created
  • send You administrative e-mail notifications, such as security or support and maintenance advisories
  • respond to Your inquiries related to employment opportunities or other requests
  • to make telephone calls to You, from time to time, as a part of secondary fraud protection or to solicit Your feedback; an
  • to send newsletters, surveys, offers, and other promotional materials related to our Services and for our other marketing purposes
• We do not rent, sell, or share Your personal information with any other entity, except when:
  • We have Your permission; or
  • We respond to subpoenas, court orders, or other legal process; or when we must exercise our legal rights, protect our property, defend against legal claims, or otherwise comply with the law, or
  • We believe it is appropriate in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, threats to personal safety, or violation of these Terms of Use.
  • You order tickets to a Journey and other items on line at the Sites, and Your order is processed in collaboration with a third party company, which are instructed to not share or sell Your information.
  • 1heart may at times contact You at Your email address to keep You informed about local events, announcements, and other related opportunities. Should You not want to receive such information, You will find details about how to opt out the first time You are contacted.
  • In the unlikely event that 1heart is acquired or transferred, or changes entity status through any type of transaction (including an asset sale, merger or bankruptcy), the personal information will be among the transferred assets.
  • We reserve the right to remove a user from the Sites without notice at our discretion if there are reasonable grounds to believe You have breached any of the restrictions above.
  • Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in Your country.
  • You can change Your personal information by contacting journeys@1heart.com. If You have any questions, please email journeys@1heart.com.

Our Limits on Liability Events, During Use of the Site, other 1heart Services

• 1heart disclaims liability arising out of use of the Sites, attendance at a Journey, or any 1heart affiliated activity. In no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, lost registration fees, profits, goodwill, use, data, lost real estate opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to Your use of or access to, or the inability to use or to access, the Site or the services (including Your attendance at one of our Journeys), regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. We will not be liable for any damages arising from the transactions between You and any third party merchants or service providers or for any information appearing on third party merchant or service provider sites or any other site linked to our Sites.
• Without limiting the foregoing, we do not accept any liability for damage to Your computer system or loss of data that results from Your use of the Sites and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features. While we use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention, We do not warrant that the information on the Sites itself will be free from errors or omissions. We do not warrant that the Website will be available uninterrupted and in a fully operating condition.
• Access to the Sites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. All content and services on the Sites are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty, and hereby disclaim all express or implied warranties, in respect of the Sites or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Sites, including without limitation the implied warranties of non-infringement, merchantability, data accuracy, fitness for a particular purpose and quiet enjoyment. Any decisions or action taken by You on the basis of information provided on or via the Sites are at Your sole discretion and risk and You should obtain individual professional advice where necessary.

CONDUCT ON THE SITES

If You are a Member, we reserve the right to suspend or terminate, at our discretion, Your account for violations of our rules, guidelines, or Terms of Use. Specifically:
a) You may not sell, trade, or transfer a membership account to another person, nor accept or use an account that did not originally belong to You. If an account violates these Terms of Use, the account will be terminated immediately.
b) Your participation is based upon the assumption that all information You provide regarding yourself is truthful and accurate. Misleading or false information is sufficient reason for us to terminate Your account.
c) You represent that You have the proper authorization to submit all content that You submit to the Sites or through the Services. You will be entirely responsible for each individual item of content that You post on the Sites, and, as between You and us, You retain ownership and any intellectual property rights in the content You post. You agree to grant us a non-exclusive, royalty-free, fully paid, fully sub-licensable, worldwide license to use, reproduce, distribute, publicly display, publicly perform, modify, make, have made, sell, offer for sale, import and otherwise exploit the content in all media now known and later developed, and to allow others to do the same.
d) We reserve the right to remove any content posted by You or other members at our sole discretion, for reasons including but not limited to that it is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any party’s intellectual property or privacy.
e) While we do our best to monitor the content of the Sites, You understand and agree that You may encounter material with which You disagree or find objectionable, and that You use the Sites with this understanding and acceptance, and do not hold 1heart liable.
f) We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted in the Sites, forum or elsewhere, nor do we endorse opinions expressed in the forum or elsewhere.
g) Use of the 1heart name and/or logo for any purpose, event or promotion without our written express consent is prohibited and may result in the termination of user’s account on the Sites and access to future Journeys.
h) We want to keep 1heart free from intrusions. By accepting these Terms of Use, You agree that You will not send or distribute unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, spam, pyramid schemes, or any other type of solicitation to other members, nor will You stalk, harass or unreasonably disturb any other member. This action is grounds to suspend or terminate, at our discretion, a member’s account. Such grounds for termination include, but are not limited to:

• defame, abuse, harass, harm or threaten others
• make any bigoted, hateful, or racially offensive statements
• advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person
• post or distribute any material that infringes and/or violates any right of a third party or any law
• post or distribute any vulgar, obscene, discourteous, or indecent language or images
• advertise or sell to or solicit others, excessively
• use the Sites for commercial purposes of any kind
• post or distribute any software or other materials that contain a virus or other harmful component
• restrict or inhibit any other user from using and enjoying the services or features of the Sites
• restrict or inhibit any other user from using and enjoying the services or features of the Sites
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the Sites
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose
• use the Sites to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity
• interfere with or disrupt any servers or networks used to provide the Sites or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Sites
• gain, or attempt to gain, unauthorized access to the Sites, or any account, computer system, or network connected to this Sites, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites; an
• gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Sites

i) You alone are responsible for the confidentiality and security of Your account, username, password and usage. You are also accountable for all activities regarding Your account, with or without Your knowledge or permission. If You knowingly provide Your log-in information to another person, Your membership may be suspended temporarily or terminated. 1heart assumes no liability for activities of Your account accessed through Your password and username. You may not use the Sites for any illegal purpose in any country or jurisdiction. You agree to notify us immediately of any unauthorized use of Your password or account or any other breach of security, and to ensure that You exit from Your account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to protect Your password or account information.
j) You are not permitted to post content or initiate any communications that we, in our sole and absolute discretion, consider libelous, scandalous, abusive, obscene, discriminatory, unlawful, or otherwise objectionable.
k) It is not permitted to make available any content or initiate communication that infringes upon the patents, trademarks, trade secrets, copyrights or other proprietary rights of third parties, whether personal, corporate or governmental.ATTENDEE CONDUCT AT EVENTS

• All participants and attendees on Journeys, including You and Your guests, must be approved by 1heart through advance registration and wear official wristbands designating proper registration.
• We reserve the right to remove attendees who do not comply with the proper registration, security procedures or requirements of attendee conduct outlined below at any point during an event without a refund. 1heart reserves the right to remove anyone who disobeys any requirements, procedures, policies or regulations of a Journey.
• You may not impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
• You may not aid in gaining an unauthorized person access to an Journey; this is grounds for removal without refund.
• You must not defame, abuse, harass, harm or threaten others, make any bigoted, hateful, or racially offensive statements.
• You may not advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person.You may not post or distribute any material that infringes and/or violates any right of a third party or any law or post or distribute any vulgar, obscene, discourteous, or indecent language or images.
• You may not advertise or sell to or solicit others excessively.
• You may not hand out, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
• If You are unable to attend a Journey for any reason, You may be eligible to receive a refund of any registration fees previously paid in accordance with 1heart Cancellation and Refund Policy provided below.
• If we deem any online, social networking, or other media reference post, article, photo or video regarding a Journey inappropriate, the offender is required to take down the material immediately upon our request for removal. If the posting is made during an Event, this may be grounds for dismissal from an Event, removal and preclusion from the Sites and future involvement in 1heart Journeys.
• Without limitation of the foregoing, 1heart may, in its sole and absolute discretion, remove You or any other attendee from a Journey, without explanation, either before or during a Journey, if such attendee engages in any unlawful, unauthorized, prohibited, improper, or unethical activities, or any other acts or omissions that we deem worthy of Your removal from a Journey.

CANCELLATION AND REFUND POLICY

If You become unable to attend a Journey, you must inform 1heart via email at journeys@1heart.com in order to cancel your registration. A partial refund may be available if such notification is received by certain deadlines. All deposits and full Journey payments are subject to the below refund policy.

UNAUTHORIZED USES OF INTELLECTUAL PROPERTY

• You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the content of the Sites or our materials provided or displayed on a Journey, other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of the Sites’ content to Your hard drive for the purpose of viewing it provided that no more than one copy of any information is made.
• We retain the rights to all staff photography and video footage during an Event.
• Any use other than that permitted under this clause may only be undertaken with our prior express authorization.

CHANGES TO THESE TERMS OF USE

We reserve the right to amend these Terms of Use at any time. All such changes will take effect once they have been posted on the Sites and You will be deemed to have accepted any such changes by Your use of the Sites after such time. For information about how to contact 1heart, please visit our website.