TERMS AND CONDITIONS*
*Note these Terms & Conditions apply to the website at large. Also see Course-specific Terms & Conditions under Intellectual Property below.
THESE TERMS AND CONDITIONS are provided by Lionheart Alchemy (hereinafter “Lionheart”) to anyone who visits the Website known as lionheartalchemy.com (hereinafter the “Website”). Individuals or groups who use, participate in, visit, view or receive goods and services, including healing, coaching, card readings, channeled messages, etc., from Lionheart are herein referred to as the “Consumer.”
Lionheart reserves the right to amend or modify the Terms and Conditions in its sole discretion at any time without notice. By using the Website, Consumer accepts such amendments and acknowledges its responsibility to periodically check the Website for updates. Consumer’s continued use of the Website after the posting of any amendments or modifications to the Terms and Conditions constitutes its acceptance of such changes. Consumer must not access or use the Website if it does not wish to be bound by the Terms and Conditions.
Age and United States Use Only
Lionheart does not envision offering products or services to individuals living in the European Union (the “EU”) as outlined in the EU’s General Data Protection Regulation (the “GDPR”), as amended from time to time. Additionally, Lionheart makes no representation that the information provided on the Website, including any Content (as defined herein), are available or appropriate for use in other geographic locations, including but not limited to the EU as outlined in the GDPR.
Please review the full Disclaimer located on the Website for more information. Consumer’s acceptance of the Disclaimer is expressly incorporated into these Terms and Conditions.
Mandatory Arbitration and Governing Law
Consumer expressly waives its right to bring any legal claims, now or in the future, arising out of or related to the Website and Lionheart’s Content (as defined herein).
In the event of any dispute, claim or controversy arising out of or relating to Consumer’s use of the Website, these Terms and Conditions shall be construed in accordance with the laws, rules and regulations of the State of Florida and the United States.
Consumer agrees to consent and submit to the jurisdiction of the state and federal courts located in Florida without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.
Consumer agree to resolve any disputes or claims first through mandatory arbitration in the state of Florida and shall bear the full cost of arbitration as permitted by law. Consumer’s good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. Consumer also agrees that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
All content on the Website, including but not limited to text, posts, logos, marks, graphics, files, goods, materials, services, products, videos, courses, workbooks, audio, applications, proprietary photos, computer code, designs, downloads and all other information therein (collectively, the “Content”) is owned by Lionheart and is protected by copyright, trademark and other intellectual property and unfair competition laws, with the exception of any content from others that Lionheart is lawfully permitted to use. Consumer is granted a limited revocable license to print or download Content from the Website for personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it is not in violation of any copyright, trademark, and intellectual property or proprietary rights.
Consumer agrees not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without Lionheart’s prior written consent. Consumer agrees to abide by the copyright, trademark and intellectual property rights laws and shall be solely responsible for any violations of these Terms and Conditions.
*For specific Course Terms & Conditions, refer to below:
User Content and Lawful Use Of The Website
For any content that Consumer uploads, displays, posts, transmits, sends, emails or submits to Lionheart on the Website or on any of Lionheart’s social media sites, Consumer warrants that it is the owner of such content or has express permission from the owner of those intellectual property rights to use and distribute such content to Lionheart.
Consumer grants to Lionheart and/or its officers, agents, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify Consumer, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on the Website and on any of our social media sites for any purpose. Consumer shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information it provides to Lionheart.
Consumer agrees not to upload, display, post, transmit, distribute, send, email or submit to Lionheart on the Website or on any of Lionheart’s social media sites any information or Content that:
(a) is illegal or violates or infringes upon the rights of others,
(b) is defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distributes any form of infectious material, including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law, and/or
(e) attempts to gain unauthorized access to any portion or feature of the Website, and
(f) sends unsolicited or unauthorized material or causes disruption in the operation of the Website.
Consumer agrees to use the Website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.
Third Party Links
The Website may contain links to third-party Websites or resources for your convenience. Lionheart may serve as an affiliate for such third-party Websites by offering or advertising their products or services on the Website; however, we do not own or control such third-party Websites. Once Consumer clicks on a third-party link and leaves the Website, they are no longer bound by Lionheart’s terms and conditions.
Consumer agrees that Lionheart is not responsible or liable for the accuracy of any Content presented on these third-party Websites. Consumer assume all risks for using these third-party Websites or resources, and any transactions between Consumer and these third-party Websites are strictly between Consumer and the third party. Lionheart shall not be liable for any damages resulting from Consumer’s use of these third-party Websites or resources.
Use Of Our Paid and Free Products
Lionheart may, from time to time, offer free products for Consumer to download and/or to sell paid courses, programs, physical or digital products and any other related content on the Website. Lionheart only grants Consumer a limited, personal, non-exclusive and non-transferable license to use such paid or free products for personal use only.
Consumer acknowledges and agrees that it has no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any way exploit Lionheart’s Content, whether free or paid, without Lionheart’s express written consent.
Lionheart reserves the right in its sole discretion to refuse, remove and/or restrict revoke and/or terminate Consumer’s access or use of the Website, including any or all Content published by Consumer or by Lionheart at any time for any reason, without notice.
Prices are intentionally kept reasonably low, as compared to market value, in order to make tools and information more effortlessly available to a variety of Consumers. For this reason, all sales of Content on the Website are final, and no refunds will be issued.
Lionheart’s charges are based on “standard” versus “rushed” rates. No response time is guaranteed for standard orders. Rushed services are based on the time frame described on the website and are charged an extra fee. Refunds may be applicable when a service has been ordered on a rushed basis. If for whatever reason, Lionheart is unable to contend with the terms of the rushed service, we may issue a refund for only the fee that applies to the rushed timeframe. For example, if a standard service is $60, and the client pays an additional $40 for the rushed service, the $40 may be reimbursed and the $60 will be retained by Lionheart.
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY LAW. LIONHEART MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT PROVIDED ON THIS WEBSITE. LIONHEART MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET CONSUMER’S REQUIREMENTS OR THAT THE INFORMATION PRESENTED THEREIN WILL BE COMPLETE, CURRENT OR ERROR-FREE. LIONHEART DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
Limitation Of Liability
Consumer agrees that Lionheart, along with its officers, agents, employees, successors, shareholders, joint venture partners, or associates, shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from Consumer’s use of the Website, including but not limited to all Content presented therein.
Consumer expressly agrees to use the Website at its sole risk and expense, and accepts sole responsibility for the accuracy of any information provided to Lionheart, the outcome of Consumer’s actions, personal and business results, and for all other use in connection with the Website.
Consumer expressly agrees that Lionheart, along with its officers, agents, employees, successors, shareholders, joint venture partners or associates shall not be liable for any damages resulting from (1) any errors or omissions on the Website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the Website, Website attacks, including computer virus, hacking of information, and any other system failures; (2) any loss of income, use, data, revenue, profits, business or any goodwill related to the Website; (3) any theft or
unauthorized access by third party of Consumers information from the Website regardless of Lionheart’s negligence; and (4) any use or misuse of the Content offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. Consumer agrees that Lionheart provides no express or implied guarantees to Consumer for the Content presented here, and Consumer accepts that no particular results are being promised herein.
Consumer agrees to indemnify and hold harmless Lionheart and/or its officers, agents, employees, successors, shareholders, joint venture partners or associates, from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by Consumer arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by Consumer, its agents, directors, officers, employees or representatives; (b) all of Consumer’s actions and use of the Website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by Consumer; (d) violation of any terms and conditions of the Website by Consumer or anyone related to or affiliated therewith; and/or (e) infringement by Consumer or any other user of its account of any intellectual property or other rights of anyone. Lionheart will notify Consumer promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at Consumer’s expense. Consumer shall fully cooperate and provide assistance to Lionheart if requested, without any cost, to defend any such claims.
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement shall remain in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
Waiver: With respect to my Potentiation Electromagnetic Repatterning session, also called “Potentiation,” I, for myself, my heirs, personal representatives or assigns, do hereby release, waive and discharge (with covenant not to sue) Lionheart Alchemy, the author of Potentiate Your DNA: A practical Guide to Healing and Transformation with the Regenetics Method or the Developers of Potentiation and the Regenetics Method from liability from any and all claims, including practicing medicine without a license, resulting in any loss, damage or injury caused, or alleged to be caused, directly, or indirectly, from receiving Potentiation.
Assumption of Risks: Participation in Potentiation carries with it certain inherent risks that cannot be eliminated regardless of the care taken. The specific risks vary, but range from 1) physical, mental and/or emotional detoxification and release to 2)”healing crises” requiring days or weeks of rest to move through. I know, understand and appreciate any and all risks inherent in Potentiation. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Agreement to Hold Harmless: I agree to indemnify and hold harmless Lionheart Alchemy, the author of Potentiate Your DNA: A practical Guide to Healing and Transformation with the Regenetics Method and the Developers of Potentiation and the Regenetics Method from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of my receiving Potentiation, and to reimburse them for any such expenses incurred
Severability: I expressly acknowledge that this agreement is intended to be as broad and inclusive as is permitted by the law of the state or country in which Potentiation is performed or received, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read in its entirety this waiver of liability, assumption of risk, indemnity and severability agreement, fully understand its terms, and acknowledge that I am giving up substantial rights, including my right to sue. By checking the Terms & Conditions box at checkout in the Lionheart Alchemy Shop, I freely and voluntarily acknowledge and agree to this agreement and intend to effect a complete and unconditional release of all liability to the greatest extent allowed by law.
For any questions, please contact us at email@example.com