TERMS OF USE

Kendall SummerHawk, a DBA of Heart of Success, Inc. (the "Company") welcomes you. We invite you to access and use our website, www.KendallSummerhawk.com, (the "Website"). We provide you, a user of the Company's website services ("You," "Your," "User") access to the Website subject to the following Terms of Use Agreement (the "TOU).

The TOU govern Your use of the Website. This TOU is made by and between the Company, and You, a user of the Company's website service. Your use of this Website constitutes your affirmative acceptance of the TOU, which may be changed at the discretion of the Company, at any time, without notice to you. You are strongly encouraged to read the TOU. If you do not agree to any of these terms, then please do not use the Website.

ACCESS TO THIS WEBSITE.

To access the Website, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that any and all information you provide is true, correct, current, and complete. You are responsible for providing Company with current and accurate information on an ongoing basis. If Company believes the information you provide is not true, correct, current, or complete, Company has the right to refuse Your access to the Website, and/or to terminate or suspend Your access.

RESTRICTION ON USE.

You may use this Website only for purposes expressly stated in these TOU. You may not use this Website for any other purpose, including any commercial purpose, without Company's consent. For example, You may not authorize any other party to:

  1. Co-brand the Website,
  2. Fame the Website,
  3. Duplicate pages from the site

For purposes of the TOU, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification, of any party, in such a manner as to reasonably cause a 3rd party to believe that You and Company are partners, and that You have been granted rights, which you have not in fact been granted. Or, that Company, in any way, endorses You, Your products, or Your services. You agree to cooperate with Company in causing any unauthorized co-branding and/or faming immediately to cease.

PROPRIETARY INFORMATION.

The material and content accessible from the Website (the "Content") is proprietary information either owned by Company or by a 3rd party that has given Company permission to use, post, duplicate, or display the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in the TOU violates the Company's intellectual property rights. Neither title to, interest in, nor any other intellectual property rights are transferred to You by Your access to this Website.

HYPER-LINKS.

The Website may be hyper-linked to other Websites, which are not maintained by, or related to, Company. Hyper-links to such Websites are provided as a service to users and are not sponsored by or affiliated with this Website or Company. Company has not reviewed any or all of such Websites and is not responsible for the content of those Websites. Hyper-links are to be accessed at the user's own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the Websites hyper-linked to this Website. The inclusion of any hyper-link to a third-party Website does not in any way imply endorsement, by Company, of that Website.

SUBMISSIONS.

You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sub-licensable right, and license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through the Website (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. Company will treat, all personal information that you submit through the Website, in accordance with the Company's Privacy Policy.

DISCLAIMER.

You understand that Company cannot and does not guarantee, or warrant that files available for downloading from the Internet, through hyper-links, will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. Company does not assume any responsibility or risk for your use of the Internet.

The Content may not be complete or current, therefore you should exercise due diligence to ensure that you have the most current information relating to any particular topic. You should use the Content as one element in your information gathering process. Information obtained by using this Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. It is your responsibility to verify any and all information you read, access, see, discover, or obtain through the Website.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Company has no obligation to update information after it is posted, nor remove any information which is incomplete, inaccurate, or stale.

EARNINGS DISCLAIMER.

Company does not subscribe to the “get rich” mentality. It believes you get out of a situation what you put into it.  Hard work, adding value, building a solid professional career, and serving others with excellence and constancy—these are our values. Our programs are designed to aid you in sharing your amazing message with the widest possible audience, so you can make a difference in the world. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. We work hard, and expect you to do the same. Please don’t enroll in any of our programs if you believe in the concept of, “something for nothing”.  We only want people who are genuinely dedicated to personal and professional development.

As provided by law, we make absolutely no guarantees as to any result you will have. Your results depend on a number of facts, including, but not limited to how much effort you put into your learning. Nothing on this page, on this Site, or shared by Company or its affiliates, partners, consultants, or any of our content or curriculum is a promise or guarantee of results or present future earnings.  Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance.

LIMITATION ON LIABILITY.

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY.

You agree to indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of the TOU by you, including any use of Content other than as expressly authorized in the TOU. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Website or any Content accessed through the Website.

TRADEMARKS.

Trademarks, service marks, and logos appearing in the Website are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provides trademarks, service marks, and logos to Company retain all rights with respect to their trademarks, service marks, and logos.

INFORMATION YOU PROVIDE.

You may not post, send, submit, publish, or transmit in connection with the Website any material that:

  1. Belongs to a 3rd party, without their consent;
  2. Advocates illegal activity or discusses an intent to commit an illegal act;
  3. Is vulgar, obscene, pornographic, or indecent;
  4. Does not pertain directly to the Website;
  5. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
  6. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
  7. Infringes any intellectual property rights of a 3rd party e.g., copyrights, trademarks, rights of publicity, patents;
  8. Violates any law or may be considered to violate any law;
  9. Impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  10. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Website;
  11. Solicits funds, advertisers, or sponsors;
  12. Includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or device;
  13. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via the Website;
  14. Includes MP3 format files;
  15. Amounts to a "pyramid" or similar scheme;
  16. Disobeys any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website; or
  17. Contains hyper-links to other Websites that contain content that falls within the descriptions stated above.

Company reserves the right to periodically monitor the use of the Website to determine compliance with these TOU, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

SECURITY.

Any passwords used for this Website are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with the Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, company reserves the right to release your details to system administrators at other Websites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these TOU.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, comments, texts, or user-generated content in any form, which is believed to violate these TOU. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS.

The TOU will be governed and interpreted pursuant to the laws of the State of Arizona, notwithstanding any principles of conflicts of law. You specifically and exclusively consent to personal jurisdiction in Arizona in connection with any dispute between You and Company arising out of the TOU or pertaining to the subject matter hereof. You agree to that the exclusive venue for any dispute between the parties arising out of the TOU or pertaining to the subject matter of the TOU will be in the state and federal courts sitting in Tucson, Pima County, Arizona. If any part of the TOU is found to be unlawful, void, or unenforceable, that portion of the TOU will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These TOU constitute the entire agreement between the parties relating to this subject matter. Company may revise the TOU at any time by updating this posting.

Copyright 2015 Heart of Success, Inc. All Rights Reserved